There are several reasons why SmartMobile™ is a leading portable alcohol breath-testing solution for DUI attorneys, family attorneys, and courts. The testing data of SmartMobile is court admissible under the Frye Standard of scientific evidence, and that’s a huge advantage.
The Justice Speakers Institute was one of the first groups to conduct research and weigh in on SmartMobile’s court admissibility. Their conclusion? “Our research establishes that (SmartMobile) test results are admissible as evidence of alcohol use in a probation violation proceeding.”
SmartMobile and Court Admissible Evidence
This is a huge benefit for attorneys who want to show the court that their client is following probation conditions. Court admissible data is uploaded from the device to our SmartWeb™ online caseload management tool. From there, it can be easily produced – and readily accepted – as proof.
That is an especially important part of the Justice Speakers Institute research. There’s no need for a hearing to determine the relevance or court admissibility of SmartMobile.
In addition, the Justice Speakers Institute said that SmartMobile’s test results are readily accepted as reliable by the scientific community. As a result, they meet the legal standards for admissibility in a probation violation hearing.
SmartMobile and Probation Violation Hearings
The Justice Speakers Institute noted that for probation violation hearings, the standard of proof and type of evidence allowed are more limited than a criminal trial. Indeed, the prosecutor only needs to prove that it is “more likely than not” that a probationer violated conditions.
SmartMobile exceeds standards set by the National Highway Traffic Safety Administration (NHTSA) for evidentiary purposes. Also, the Justice Speakers Institute concluded that testing devices approved by NHTSA can be accepted in a violation hearing.
“There is a level of reliability and accuracy guaranteed by the testing device’s ability to meet or exceed NHTSA standards,” they said. “The courts have relied upon those standards.”
How a DUI Attorney Can Use SmartMobile
Stephen Pfeiffer is a noted DUI and criminal defense attorney at Wolcott Rivers Gates in Virginia Beach, Virginia. Also, he was an early adopter of SmartMobile for his clients, and helped local courts understand its usefulness.
Judges are unlikely to let someone out of custody if they’ve had a second or third-offense DUI, Pfeiffer said. However, the court can mandate SmartMobile as part of a bond condition. Also, Pfeiffer will often suggest SmartMobile as an alternative to custody for clients who are awaiting trial.
“Judges don’t have assurances that those individuals aren’t going to be consuming alcohol,” he said. “SmartMobile gives me something to provide adequate assurances. It gives the court the ability through pre-trial monitoring to see that they’re not, and act quickly if they do.”
“In my jurisdiction,” he added, “it has become a readily known and trusted system.”
However, SmartMobile’s court admissibility is only part of its versatility. Visit our website to learn more about SmartMobile as a valuable solution for monitoring DUI clients. In addition, you can also talk to your Smart Start Business Development Representative, or visit Smart Start University.