DUI Defendant Wins Source Code to Breathalyzer

MyrddinBach writes "CNet's Police Blotter column looks into a Minnesota drunk driving defendant case with a twist. The defendant says he needs the source code to the Intoxilyzer 5000EN to fight the charges in court. Apparently the company has agreed to turn over the code to the defense. 'A judge granted the defendant's request, but Michael Campion, Minnesota's commissioner in charge of public safety, opposed it. Minnesota quickly asked an appeals court to intervene, which it declined to do. Then the state appealed a second time. What became central to the dispute was whether the source code was owned by the state or CMI, the maker of the Intoxilyzer.'"

Comments

Re:Driving is a privilege

[crotherm]

Driving is a privilege Typical nanny state view of life. Why should the state deny your right to move freely throughout the state?

You are not guaranteed a safe life. If you were, we would not even have cars. Too dangerous even when sober.

Re:state==public domain?

[sumdumass]

You can drink and be perfectly fine behind the wheel of a car. The legal limit is there to attempt to account for the ability of someone who doesn't drink compared to how impaired they might be at that level. But there is nothing wrong with me drinking a glass of wine while eating dinner and later, going to the store or whatever I want to do.

For my weight I can legally drink around 7 beers/drinks before I hit the .08 limit. I have it timed out to where I am usually at least one drink under at all times when I drink if I know I need to drive. Actually, it is more likely that I would be sitting at around 5 drinks working in me at most times except when drinking the 6th. And of course, ever hour or so I can drink another or is it a half? It doesn't matter to me because after 6 I usually only drink one an hour and it probably took 1-2 hours to get the first one in. I am not intoxicated and shouldn't be punish as so.

Re:state==public domain?

[sumdumass]

I had a cop once bust me for going to a bar and picking up a friend after I got off of work who I had dropped off on my way there 10 hours ago. I drank 1 beer back when the legal limit was .10, he got me coming out of the parking lot for not having a front license plate and I went to jail while they gave my friend the key and told him to be careful.

My breathalyser test came up 0.0000 and they claimed I rigged the test somehow. Said I was going to loose my license. I told them I wanted a blood test which I am entitled to but they refused and said that not giving me one has never been a reason to throw out the breathalyser results in Ohio. I reminded them that they are claiming I cheated the test and refusing to give me an independent test would pretty much mean they were making shit up. So they gave me a cup, took me into the hallway and made me fill it up with everyone watching. Anyways, I went ahead and pissed all over the place after wards.

It took 2 months for them to get my results back for some reason. They were trying to get me for destroying public property and assault because I hit one of the officers with my piss when trying to hose all the papers on a nearby desk. Long story shot, My attorney got everything dropped and I walked after paying a $25 fine for improper display of a front license plate. My BAC was less then .000125 and my lawyer told me that urine sample come in higher then breath and th law adjusts for it so I was effectively 0.0000 on the breath machine.

Cops are pricks. I got a few fired over that instance. Mainly for making me piss into a cup i was holding one handed in the middle of the police station with no urinal or anything and no walls or anything. Every cop there could see me and even people walking in off the street could see it all. And the worst part, they gave my car to a drunk guy and told him to be careful.

Re:Driving is a privilege

[drsmithy]

Typical nanny state view of life. Why should the state deny your right to move freely throughout the state?

They don't. You can walk where-ever the hell you want, or catch a bus, taxi, plane, boat or whatever.

You're just not allowed to pilot a couple of tons of metal under the influence of a drug well known to seriously impair motor skills, reaction times and the ability to assess risk in public areas. Seems to me this falls well under one of the State's primary roles, which is to protect its citizens from others trying to harm them.

Re:state==public domain?

[thesandtiger]

I think you're referring to me? (Not sure since I'd be she, not he - I may be kinda butch, but I'm still a chick :p)

You've got it exactly right. People should feel to drink whatever they want, but should be responsible about it and not put other people at risk. If someone wants to get hammered and drive in circles in their own cornfield, go for it. But the instant they increase the risk to other people, they've crossed the line.

I'm all for people having fun, and I have been known to drink wildly to excess myself. But I've always done so responsibly and been willing to deal with the after effects.