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Breathalyzer Source Code Ruling Upheld
dfn_deux writes "In a follow up to a 2005 story where Florida judge Doug Henderson ruled that breathalyzer evidence in more than 100 drunk driving cases would be inadmissible as evidence at trial, the Second District Court of Appeal and Circuit Court has ruled on Tuesday to uphold the 2005 ruling requiring the manufacturer of the Intoxilyzer 5000, Kentucky-based CMI Inc, to release source code for their breathalyzer equipment to be examined by witnesses for the defense of those standing trial with breathalyzer test result being used as evidence against them. '"The defendant's right to a fair trial outweighed the manufacturer's claim of a trade secret," Henderson said Tuesday. In response to the ruling defense attorney, Mark Lipinski, who represents seven defendants challenging the source codes, said the state likely will be forced to reduce charges — or drop the cases entirely.' ... What this really means is that outside corporations cannot sell equipment to the state of Florida and expect to hide the workings of their machine by saying they are trade secret. It means the state has to give full disclosure concerning important and critical aspects of the case."
but don't take the blood or the piss test(they can't legally make you)
In most states, if you refuse an on-the-spot breathalyzer test, that is an admission of guilt which automatically triggers penalties. Every state has its own laws regarding what happens if someone refuses with most states now revoking your license, fining you and giving you points on your license (which increases your insurance rates).
Here's a breakdown of PA's DUI laws.
But please, let's not get drunk drivers off the road. We need as many as possible out and about to cull the herd.
We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
No, Fuck you.
People like you use appeals to emotion to turn the US into a nanny state. It is people like you and MADD who have made it impossible for politicians to show any spine and say "the penalties are harsh enough." Nothing short of prohibition or a 0 BAC makes you types happy. These implied consent laws and "refusal of taking the breathalyzer admits guilt" are violations of Habeus Corpus and the fifth amendment.
You want a real solution to the problem? Require that a breathalyzer be standard equipment on all cars in the US. Oh wait, that would take away your martyrdom wouldn't it? Take your sob story and shove it up your ass, I want no part of your Police state.
One time I had a gig in L.A. and was staying in Pasadena.
I did Tequila shots in L.A. all night and had to find my way back to Pasadena at 3 a.m. and was getting lost. I drifted through a stop sign and got pulled over.
I slipped a folded $100 bill with my license when he asked for it. My breathalyzer blew 0.00 that night.
Then he told me to go get some coffee at a convenience store, and gave me directions to my hotel.
I'm a satanic clam.