Ankle Monitor / SCRAM / Pacemaker / Defibulator / Cardiologist / Heart Disease / DUI / Drink Driving / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:   CAN YOU WAR AN ANKLE MONITOR WHEN YOU HAVE A PACEMAKER AND DIFIBULATOR WHEN IT IS NOT RECCOMMENDED BY ANY CARDIOLOGISTS???  I HAVE A PACEMAKER AND A DEFIBULATOR WITH A SERIOUS HEART CONDITION.. THE COURTS RECCOMMENDED THAT I WEAR A ANKLE MONITOR BEFORE WEARING I HAD ADDRESSED TO THE COURT IF THE ANKLE MONITOR AFFECT MY PACEMAKER AND DEFIBULATOR .. THEY TOLD ME NO, AND EACH TIME THAT I PLUG IN THE BRACELET TO BE CHARGED I HAVE CHEST PAINS AND FEEL LIKE IM GETTING ELECTROCUTED . I HAVE CHECKED ON GOOGLE IF I COULD WEAR AN ANKLE MONITOR WITH A PACEMAKER AND A DIFIBULATOR AND ALL OF THE RESULTS SAY NO. A CELLPHONE AND MICROWAVE CAN CAUSE MY DEVICES TO GO OFF. AN ANKLE MONITOR CAN CAUSE EVEN GREATER COMPLICATIONS BECAUSE IT IS CHARGED DIRECTLY TO MY BODY AT 120 VOLTS OF ELECTRICITY AND CAN CAUSE MY HEART DEVICES TO STOP. WHAT DO U SUGGEST I DO SINCE I HAD ADDRESSED PRIOR TO WEARING THE DEVICE ..

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Answered about a year ago. You will need the Judges permission to remove the ankle monitor, and in order to get the Judge’s permission you are going to have to file (and almost certainly) litigate the issue. The bigger problem is that if you are on an ankle monitor then the odds are that it is in lieu of incarceration (i.e. the Judge is letting you remain out of jail but wants to keep tabs on you), and apparently the Judge wasn’t comfortable in allowing you to be on “regular” CC (community control sans the monitor).

You should have your lawyer file a motion, cite the materials that you have found on line and, if you can afford it, plan on having a medical doctor (or other expert) in court when the case is calendared. Your health should come first, I just hope (for your sake) that it doesn’t come at the cost of your liberty.

If you are not represented please feel free to contact my law office for a consultation. I have been practicing criminal defense litigation primarily in Miami-Dade County for nearly 22 years and will be happy to review your circumstances and prepare for you a most effective presentation.

Either way best of luck!

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When it comes to the subject of drinking and driving, the best advice that you are ever going to hear is:  “Don’t do it!  Get a DD (Designated Driver), not a DUI”.

Be smart: Don’t drink and drive, but, if you do, just say “NO{thing}”, don’t blow (in FL your 2nd subsequent refusal is a crime) and call me stat at 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

Michael A. Haber, P.A.: Providing creative criminal defense litigation services primarily in SoFlo since 1991.

At Michael A. Haber, P.A. “Its all about reasonable doubt”! 

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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