Lockport, NY – A New York judge has already violated her probation for a DUI arrest by drinking just days after leaving jail.

The Daily Mail reports that one judge in New York, Leticia Astacio, may want to rethink her career given the fact that she has a pretty hard time abiding by the laws. She was first charged with a DUI and was sentenced to serve 60 days in jail. However, her DUI attorney was able to get her released early. While she was then given three years of probation, she proceeded to fail an alcohol test with her probation officer only two days later.

Court documents state that Astacio was ordered to wear an alcohol monitoring bracelet, otherwise known as a SCRAM device, and was forbidden from drinking alcohol. However, her probation officer revealed that the base unit unit of her SCRAM was never plugged in after she was released. Throughout the first two days following her release from jail, her blood alcohol content (BAC) registered at 0.127%. The current legal BAC limit in New York is 0.08%.

The probation officer assigned to the case has gone on the record sharing that when asked about the spike in her BAC, Astacio blamed it on a foot peel cream that has high alcohol levels in the ingredients.

According to WHEC, the SCRAM device is not able to tell the difference between alcohol in household cleaners, toiletries, or drinks. If an alert goes off, then experts must make the final judgement call regarding the source of the alcohol.

The DUI lawyer for Astacio adamantly denied that the positive alert was because of drinking alcohol. However, the New York prosecutor on the case said the results were in line with alcohol consumption, and not because alcohol had contact with the SCRAM device.

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But what if the New York judge just really, really likes her foot cream? According to authorities, it doesn’t matter. Everyone who is issued a scram device receives a list of banned substances containing alcohol. Despite what the truth may be, Astacio signed a clause acknowledging that if she used any of those substances, she would have a probation violation on her hands.

Funny enough, the Daily Mail further reports that when Astacio was given her probation sentence, her DUI attorney told the courtroom that his client was not willing to do probation. Why, you ask? Her DUI lawyer explained she would violate probation the moment she was put on it. The judge simply responded that he looked forward to seeing her in court again.

Astacio is expected back in court to face charges for probation violation.

Don’t make the same mistakes this New York judge has. Instead, contact USAttorneys.com today to find a DUI lawyer in Lockport. All of our DUI attorneys in New York will defend your case, explain what your charges mean, and make a plan to ensure your case has the best possible outcome.