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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.
It sounds like you are under the impression that a red-light camera just takes a single shot of the car.
When tripped, a camera actually takes two pictures; somewhat wide-angle shots that show the position of the car, the state of the intersection, and the state of the traffic signal.
The first shot will show your car behind the stop line (not in the intersection) and a red signal. The second will show your car in the intersection with the light still red. The photos are timestamped.
This way, they can prove in court that the car in the photo actually ran the red light at the time specified (the subject of the article above notwithstanding).
- Tony
"Why does the defendant have a right to know how equipment used to obtain evidence works?"
Because a defendant, who may or may not be guilty, has a right to rebut and discredit the evidence - if the state or the company to which it contracts its breathalizers won't reveal that, the defendant is robbed of that right.
How do we know the third party is really impartial, thorough or accurate? The defendant gets a shot at evaluating the evidence too.
IMHO, the right to "know how these devices work" is just as important as the right to "face your accuser".
Imagine this scenario:
Background for non-US residents: In most places I have been in the US, the legal maximum blood alcohol content is around 0.08%. Most people (those with normal metabolism, etc) can easily drink one glass of wine and remain far below this limit.
When you take this test, don't you really want to know how the machine works? A false positive could have a huge impact on the rest of your life.
The key issue with red-light cameras is who controls the length of the yellow light being on. If you shorten the yellow light, you can increase violations and hence increase revenue. In many cases, the contract has the private camera company controling the yellow light timing. Revenue rather than safety becomes the deciding factor, and it is outside public control. I have read, but cannot verify, that cameras plus very short yellow lights increases rear-end crashes as people slam on brakes to avoid tickets. If red-light cameras are coming in your community, consider advocating that your community control the yellow-light timing. If the community controls the yellow-light timing, community pressure has a chance to influence the safety vs. revenue debate.