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."

Comments

Take responsability for your actions

[gougou42]

Regardless of the merits of the case, am I the only who thinks that this is just a ploy from some people who want a "get out of jail free" card to avoid a conviction and penalites that they rightfully deserved? I mean, you were drunk, you drove, you got caught. Live with it. Reminds of an ex-colleague who tried to get out of a parking ticket because the "5" of his license plate on the hand-written ticket could have been confused for a "6" (i.e. "how can I know this ticket if for my car, you honor"). Shut up and pay. If I were a judge, I would take these people in for perjury and contempt.

Re:Great..

[greenbird]

Sort of like why 'attempted murder' is illegal. So they can legally stop you before you succeed.

That's a stupid argument. Attempted murder you tried to kill someone but failed. Driving with a .08 BAC doesn't mean you're actively trying to cause harm. If fact given the way most people drive and the complete disregard of traffic and driving safety laws it typically is only a minor factor in an accident.