ALBUQUERQUE, N.M. — A former Albuquerque firefighter charged with and accused of rape can go without a GPS monitor, a judge ruled Wednesday.

Anthony Martin will get his ankle monitor after Judge Britt Baca-Miller ruled in his favor. She previously said she would consider a motion to remove Martin’s monitor if he didn’t have any violations while wearing it for 90 days.

Martin had the monitor put on Sept. 6.

93 days later, without any known violations, his attorney filed a motion to remove it.

The attorney also argued the monitor hurt Martin’s ability to find a job but prosecutors argued it should stay on.

“Just to say that because there are no violations, the GPS should be removed, it’s actually saying, ‘Okay so let’s take away the protection that is actually working’,” a prosecutor said.

“The inquiry here is the safety of the community. The alleged victim, the passage of time and compliance has shown that this is not an issue,” Martin’s attorney said.

The judge ruled the monitor could come off. However, Martin will have to now submit to in-person drug testing while out of jail.

MORE:

• Former firefighters ask for ankle monitors to be removed pending rape trials
• Albuquerque firefighters accused of rape to be released with GPS monitors
• 3 Albuquerque firefighters accused of rape appear in court