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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.
If people just carried the responsibility of their actions? Instead of whining about methods they use to test for DUI, maybe the person in question should just admit that "yes your honor! I'm a stupid asshole who thought that rules do not apple to me. Through my selfish activities I not only endangered my life, but life of other road-users". Maybe some day things will be like that. But not today.
Those people are quilty as hell. They just figured out a way to weasel out of their responsibilities. I for one hope that the next time they cross the street, they will get run over by a drunk-driver.
Lesbian Nazi Hookers Abducted by UFOs and Forced Into Weight Loss Programs - -all next week on Town Talk.
This sounds more like a worst case scenario of judges legislating from the bench. Worse we have a group of them obviously conspiring to do so.
How much of the public are the judges willing to put at risk to stroke their own egos? I would love to see these judges SUED and jailed if one of the people whose case they dismiss subsequently kill someone on their next DUI.
If they have a problem with the manufacturer then take it up with the state. If the state does not have a requirement of disclosure then by what basis do the judges operate?
How can they not apply this to speeding tickets, parking meters, or are items of revenue enhancement strictly excluded from this test?
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Sorry, but breathing is not a right but a privilege granted by the powers that be. We have to implicitly give up all the odd Amendments and all of the Amendments divisible by two in order to be allowed to breathe.
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