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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."

8 of 270 comments (clear)

  1. echo round(rand(1,40)/100."%"; by Anonymous Coward · · Score: 2, Funny

    Weird numbers? What weird numbers...?

    1. Re:echo round(rand(1,40)/100."%"; by TD-Linux · · Score: 5, Funny

      I find your lack of closing parenthesis disturbing.

      Clearly you have had no experience in the Lisp.

  2. no by commodoresloat · · Score: 4, Funny

    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";
    }

    1. Re:no by Anonymous Coward · · Score: 5, Funny

      I'm Irish, you insensitive clod!

      Seriously, though, people make a big fuss if you make fun of just about any ethnic group other than the Irish. But you can say all you want about the Irish and get away with it. Racists!

    2. Re:no by rubycodez · · Score: 4, Funny

      you are absolutely correct, it's improper to make fun of any ethnic group, except of course the damn French.

    3. Re:no by KeithJM · · Score: 3, Funny

      Actually, you're wrong. I remember as a kid visiting my cousins in England and reading their "Irish Jokes" books. For the Americans, they were the same stupid, unacceptable jokes presented here as Polish jokes. Anyway, they've stopped that now, so you can't get away with it.
      But have you ever heard anyone stand up for the English? How many movies have you seen where the evil genius villain has an English accent? The world must think England is a country of Evil Geniuses and Super Spies. Oh, and drunk effeminate pirates.

    4. Re:no by horatiocain · · Score: 2, Funny

      The Irish have achieved what all other white people have been seeking for centuries: to be white, and still be persecuted.

  3. Re:Why not prosecute? by Jeremy+Erwin · · Score: 2, Funny

    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 :)