Prosecutor Announces New Policy for OVWI's
INDIANAPOLIS—In an effort to combat drunk driving, Marion County Prosecutor Carl Brizzi today announced a change of policy regarding those facing their second Operating a Vehicle While Intoxicated (OVWI) charge. Deputy prosecutors will request that judges place these individuals on an alcohol-sensitive monitor as a condition of their release pending trial. The monitor is called SCRAM, which stands for "Secure Continuous Remote Alcohol Monitor."
"The present overcrowded conditions at the Marion County Jail prevent us from locking up repeat drunk drivers, so SCRAM is the next best thing," explained Brizzi. "A second OVWI arrest tells me these people have some kind of problem with alcohol and they should not be out on the street where they're a threat to other drivers."
SCRAM consists of an ankle bracelet, which can read the alcohol content of a person's blood through perspiration on the skin. The monitor records any alcohol intake by the person wearing the bracelet. Once the monitor is brought back into proximity to a modem unit attached to the defendant's home phone, the monitor transmits the information (the intake of alcohol) to the modem, which, in turn, passes it to the monitoring agency. That information will, in turn, be used for the filing of a Violation of Conditional Release motion with the court.
"The SCRAM monitors are effective, because a defendant can't mask his or her alcohol intake," said Brizzi. "If they drink, the monitor is going to pick it up. Any attempt to tamper with the bracelet sends a signal to the receiver, which is also grounds for a conditional release violation."
The costs of the bracelet will be borne by the defendant at the rate of $10 per day. However, if the court finds the defendant to be indigent, the charge will be waived.
Brizzi made the remarks following the sentencing of Jason Brown, who pled guilty to charges of operating a vehicle while intoxicated causing death and operating a vehicle while intoxicated causing death with a previous conviction.
On April 19, 2004, Brown's Jeep struck a car turning southbound from Western Select Dr. to N. Shadeland Ave. A passenger in the car, Donna Cole, was killed. Brown fled the scene. His blood alcohol level was .16%, or nearly twice the legal limit. He was on probation for three drunk driving convictions accumulated within a two-month period last year and pled on the same day.
Brizzi said, as a practical matter, the second drunk driving arrest is the best time to request a SCRAM monitor. "The first drunk driving case may still be pending in court when the individual picks up the second arrest," he explained, "and a second arrest indicates an ongoing problem. If we don't have room in the Marion County Jail to hold an individual who has been arrested a second time for drunk driving, then we must rely on the best alternative, intensive monitoring."
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