Judge Rules Defense Can Get DUI Machine Source Code
pfleming alerts us to developments in Arizona on a subject we have frequently discussed (e.g. FL, MN, NJ): efforts in DUI cases to obtain source code to devices that analyze blood alcohol levels. On Friday a Pima County Superior Court judge ruled that the software that powers the Intoxilyzer 8000 must be revealed to defense lawyers. "Defense attorneys representing more than 20 people arrested on felony DUI charges agreed to consolidate their cases into one and to argue it before [Judge] Bernini ... The source codes are crucial because the Intoxilyzer 8000 sometimes gives 'weird' or inexplicable results ... Six other states have been battling CMI [maker of the Intoxilyzer] over the source code — Minnesota, Florida, Louisiana, Massachusetts, Tennessee and New Jersey... CMI has currently racked up over $1.2 million in fines in a civil contempt order for not disclosing the source code in Florida."
Weird numbers? What weird numbers...?
The problem is the source code looks something like this:
if ($suspect == black) {
print ".12";
}
elsif ($suspect == hispanic) {
print ".14";
}
elsif ($suspect == irish) {
print "ERROR";
}
The "government" is a tripartite entity, composed of the legislative judicial and executive branches. In Madison's conception each branch should be jealous of the others, and bicker constantly, thus preventing tyranny. Given that model of government, the judge's consultant shouldn't care what the police and district attorney want.
It's no more paradoxical than trinitarian theology :)