Closed Source -> Charges Dismissed?

Snorpus writes "According to the Tampa Tribune, judges in the central Florida county of Seminole are dismissing DUI charges when the defendant asks for information on how the breath test works. Apparently the manufacture of the device is unwilling to release the code to the state, and all four judges in the county have been dismissing DUI cases when the state cannot provide the requested information. Could this apply to other situations where technical means (radar guns, video surveillance, wire-tapping, etc.) are used to gather evidence? " I'd not plan on this as a legal defense, but the question it raises - of public access to information - is an important one.

Comments

Re:radar guns

[oniony]

The first thing that popped into my head was Remmington Fuzzaway, but it's hardly relevent.

Opportunity Knocks

[VernonNemitz]

1. Create Open Source breathalyzers, radar guns, etc. 2. Advertise to all defendants everywhere the closed-source loophole in the prosecutions' cases. 3. Sell your versions of that equipment. 4. PROFIT!

Re:Pulic Right to how it works

[advocate_one]

could have been worse... the "l" key instead...

Re:radar guns

[mo^]

Oddly enough, I've always found smoking a large amount of marijuana before any drive will quell the alcohol fumes when I breathe into the breathalyzer...... which is nice.