MN Supreme Court Backs Reasoned Requests For Breathalyzer Source Code

viralMeme writes with news that the Minnesota Supreme Court has upheld the right of drunk-driving defendants to request the source code for the breathalyzer machines used as evidence against them, but only when the defendant provides sufficient arguments to suggest that a review of the code may have an impact on the case. In short: no fishing expeditions. The ruling involves two such requests (PDF), one of which we've been covering for some time. In that case, the defendant, Dale Underdahl simply argued that to challenge the validity of the charges, he had to "go after the testing method itself." The Supreme Court says this was not sufficient. Meanwhile, the other defendant, Timothy Brunner, "submitted a memorandum and nine exhibits to support his request for the source code," which included testimony from a computer science professor about the usefulness of source code in finding voting machine defects, and a report about a similar case in New Jersey where defects were found in the breathalyzer's source code. This was enough for the Supreme Court to acknowledge that an examination of the code could "relate to Brunner's guilt or innocence."

Comments

That's how science works

[mister_playboy]

I assume breathalyzer evidence is given such great weight because it is "scientific evidence"? Then why shouldn't be subject to peer review... which is a central tenet of science? Without that, it's nothing more than a magical "black box, of unknown accuracy, and does not deserve to be considered "scientific proof"... throw away part of the valid process of science, and you debase the source of its supposed objectivity.

Re:Hm.

[spun]

Wait, wait, wait. You're saying embedded code often stinks? Don't we use embedded code in voting machines? My God, has anyone checked them? This sounds like it could be a real problem, I think we need to notify the authorities.

Re:Fishing expeditions

[JustNiz]

I think the problem here is that the guy caught drunk-driving didn't pass the bar. He stopped and went in.

Re:Hm.

[Zero__Kelvin]

"Mod parent up. His post is 100% correct. In the United States if you refuse a Breathalyzer you will be administered a blood test (not that this can take several hours in which you may or may not sober up...)." [Emphasis Added}

This is not a federal issue, and the procedures vary from state to state. In Pennsylvania you have to submit blood even if you take a breathalyzer and plead guilty or they take your license for a year. In Massachusetts you can take a breathalyzer or a blood test, but can only do the latter if you can afford to pay a personal physician to show up at the station and perform the test. (Read: Aren't poor and/or ignorant)

So you see, different states abuse citizens right in different ways ;-)

Re:These guys are no heroes

[DarkOx]

I'd hate to see slashdoters ignoring the basic principles of our justice system just to pursue some prejudice against accused drunk drivers.

Like it or not the foundation of out criminal justice system is based on the idea its better to let the guilty go free then the innocent be punished. It might be "PC" to "get tough on drunk driving," but this is a nation of laws or at least it used to be. The burden of evidence is supposed to be on the state. If the state is using equipment that must have its inner workings concealed as evidence. I think in the name of justice we must assume that without other pretty damning evidence its not sufficient to prove beyond a reasonable doubt guilt.

If you can't show me how it works or show that it does work in a double blind test with a sufficient sample size, it would not be a good enough argument for me serving on a jury to convict.

The state is much more powerful than and individual the burden of proof is supposed to be on them. A few numbers on an LED display connected to some box you blow in does not cut it, unless you can tell me a lot about what those numbers mean, how they are determined, if its accurate.

Re:Hm.

[d'fim]

Correction:
You have to refuse the breathalyzer and the blood test for the penalty to kick in.