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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."
Dear Slashdot
My name is Mike and I am serving the first week of a 10 year sentence in Federal Prison for severe SEC violations. I am very scared and I didn't know what else to do. I guess I have 5 good minutes to type this cry out for help until Tyrone and the crew come for me and give me what they call "Mandatory Showertime". I mean I have been exposed to more male cock in the first 3 days here than I have ever cared to know in my first 30 years of life. I guess it was some sort of sick joke that they gave me a big black cell mate named Tyrese who also part of Tyrones crew. As such he has first dibs on me or as he says "first dick in me". The nigger has beaten me senseless the first day here as he seems to get a real kick out of it and has repeatedly raped me and that's not even the worst of it. I never knew a man could cum 7 times in a row and with that I hadn't been able to get any sleep in the past day or so. The first time I met Tyrone was at our first shower time. Tyrese had "persuaded" me to go into the shower room and that's when I met the whole crew. There must have been 19 prison niggers in there and when the guards pulled out, thats when I was given a gangraping that I wouldn't wish on my worst enemy. Could you imagine 19 giant black cocks repeatedly ass raping and mouth fucking you? I think not, and don't think these guys went in one at a time. I swear it must have been 3 in my ass and 2 in my mouth at one point. I was in tears hearing Tyrone laughing at me saying "This be your life now cracka, you our bitch now". I still have the sharpie mark on my ass that says "Tyrone's ho". Uh oh it looks like it's mandatory shower time again. I think I am going to hang myself when Tyrese is out raping another white prisoner. Thanks for listening.
Either that, or the companies simply won't sell there and focus on states that still buy closed source. Sadly, my state just bought a whole bunch of these suckers... hopefully they will be challenged here too. Of course, I don't believe drinking and driving should really even be a crime to begin with. There's already laws against hitting someone while driving.
Anecdote != Data
Nobody allows drunk drivers on the road.
And the person you responded to was joking.
Get counseling, you seem to need it.
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.
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.
Who is John Galt?