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Breathalyzer Source Code Revealed

Posted by kdawson on from the and-it-ain't-pretty dept.

Nonillion writes "New Jersey attorney Evan M. Levow was finally able to get an order from the Supreme Court of New Jersey forcing the manufacturer of the popular Draeger AlcoTest 7110 to reveal the source code. Levow turned the code over to experts, Base One Technologies, to analyze. Initially, Base One found that, contrary to Draeger's protestations that the code was proprietary, the code consisted mostly of general algorithms: 'That is, the code is not really unique or proprietary.' In other words, the 'trade secrets' claim which manufacturers were hiding behind was completely without merit." Following up an earlier discussion here, the state of Minnesota has (without explanation) missed a deadline to turn over the code for a different breathalyzer.

1 of 501 comments (clear)

  1. The reason MN doesn't have the code by crimguy · · Score: 5, Interesting

    The reason why no source code has been released in MN is that the manufacturer of the breathalyzer in that case, CMI, refuses to hand it over to anyone. They are asserting that it is a trade secret, and are resting on the fact that there is little a court in MN can do to force them, a Kentucky corporation, to hand it over.

    I represent three clients in Phoenix, AZ, who have been trying to get the code from CMI for the same reasons, and have been met with nothing but frustration. Fortunately, a couple judges here have agreed with the defense that examination of the code is necessary to mount a defense, under due process grounds. We (myself and a number of other attorneys) have had dismissals in a total of about 11 cases in the City of Phoenix, all of which are being appealed. There are a few cases in superior court that will be appealed shortly as well. It's been a busy time in the world of DUI litigation.

    Unfortunately, many judges here do not see the relevance. Further, they have enacted legislation to prevent the preclusion of breathalyzer results, despite the inability to examine the "schematics or source code" of the machines.

    Believe me when I tell you - these machines are unreliable, and subject to many errors, most glaringly the result of RFI screwing up the results. I've read the findings of the independent lab on the NJ case, and it does raise many concerns. My biggest problem is that law enforcement can essentially hide behind a foreign corporation, and a jury never hears about many of the problems at hand.