WOODLAND, Calif. — A Yolo County Superior Court judge Wednesday ordered a Secure Continuous Remote Alcohol Monitoring tether as a condition of release despite the defense raising concerns that the accused could not afford the installation and monitoring costs.
The prosecution stood firm in seeking the SCRAM tether, citing an “extreme public safety risk.” After hearing from both sides, Judge Danette C. Brown ordered the accused released on his own recognizance, or OR, with a SCRAM tether.
As noted by the SCRAM Systems website, a SCRAM tether is an electronic monitoring device installed on a person’s ankle to detect alcohol consumption.
An article previously published by the Vanguard in July explains the fees associated with SCRAM that generally cause financial hardship for individuals. The article reported that installation fees can be waived; however, an individual has to pay daily monitoring fees ranging from $10 to $12.
These daily charges amount to “more than $300 per month,” as reported by the article.
On Wednesday, the accused appeared for an arraignment hearing. The accused is facing two misdemeanor charges stemming from May for driving under the influence and drunk driving.
Judge Brown told the accused about the charges and then informed him of his right to counsel. Brown asked whether the accused would like a court-appointed attorney.
The accused responded affirmatively, and Deputy Public Defender Mattieu James Rogers was appointed as the defense attorney for the accused. DPD Rogers “acknowledged the receipt of discovery.”
After a brief discussion with the accused, DPD Rogers requested release on his own recognizance, or OR.
OR allows an accused to be released without paying bail to the court on the agreement that the accused will return to court on future scheduled court dates.
Deputy District Attorney Candace M. Guthmiller recommended standard OR terms along with a SCRAM tether. Guthmiller noted that this is the third DUI for the accused.
She added that the accused committed his first DUI in 2019 and was convicted in 2020. The accused was convicted of his second DUI in 2022.
Considering the violations committed in the short time frame by the accused, DDA Guthmiller expressed her concern and noted the “extreme public safety risk.”
In addition, DDA Guthmiller also asked Judge Brown to remand the accused.
Judge Brown asked DPD Rogers about the prosecution’s request for remand or the issuance of the SCRAM tether.
DPD Rogers raised concerns about the accused’s ability to pay for the installation of the SCRAM tether upfront. He noted that the accused works as an audiovisual contractor and, as it is currently the “slow season” for concerts, has not been able to obtain consistent work.
While Judge Brown and DDA Guthmiller both noted that a fourth DUI within the washout period, a period of 10 years between arrests, would result in a felony charge, Judge Brown did concede that the accused’s blood alcohol content, or BAC, of 0.10% was just above the legal limit of 0.08% but considerably less than the BAC she had seen in a recent case, which was almost triple that of the accused.
Judge Brown noted that the accused’s part-time job does not seem stable and asked DPD Rogers if the accused’s family was able to assist. DPD Rogers noted that while the accused had family in the area, he was unaware of their financial resources and their “access to capital.”
When asked about transportation and access to a vehicle, DPD Rogers responded that the accused does not currently drive; rather, he is driven to and from places by his father. DDA Guthmiller argued that the accused “does not currently drive” means that the accused does, in fact, have access to a vehicle, something that should be limited given the charges.
Judge Brown and DPD Rogers discussed their preference for the least restrictive method of supervision following the accused’s release from custody. They noted that one option was releasing the accused on supervised own recognizance, or SOR, and requiring random alcohol testing to be carried out by Probation.
DDA Guthmiller highlighted the fact that Probation has made it known that it does not want these types of cases handed to it, and it may be less inclined to follow through with the monitoring should it be assigned one.
DDA Guthmiller argued that SCRAM does offer fee waivers prior to installation, meaning that it would be a viable option for the terms of the accused’s release. Numerous clients, DPD Rogers countered, had reported that, in reality, SCRAM required upfront payment prior to installation, and fee waivers were not offered until afterward.
Despite DPD Rogers’ concerns about the accused’s ability to pay the SCRAM installation and monitoring fees, Judge Brown released the accused from custody on the standard DUI conditions and ordered the installation of a SCRAM tether.
The accused is not to consume alcohol, must obey all laws, must have a valid license and insurance while driving and must submit to alcohol testing should he be pulled over by law enforcement.
The accused was ordered to submit proof of SCRAM tether installation within two days. Though DPD Rogers asked for an extension, DDA Guthmiller noted that SCRAM can and has installed tethers within a day.
Judge Brown told the accused, “You can be free today, if you comply with the terms of your release,” which he accepted.
DPD Rogers submitted a not-guilty plea, asking for a time waiver of four weeks to complete discovery and have a more in-depth meeting with the accused.
The case is scheduled for a pretrial conference on Sept. 9 at 9 a.m. in Dept. 8.
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