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DUI's tossed out due to no source code

This may be old news to some but it's rather interesting.

http://www.groklaw.net/articlebasic....51105125531161

Quote:

What a difference it makes to have a good lawyer.
You may have heard about the DUI cases in Florida, where the defense attorneys for 150 defendants asked to see the breathalyzer source code, and won. If you have ever been arrested for DUI, and I hope you haven't been, did your lawyer think of that?

This is an interesting situation the breathalyzer company is in. They are asserting trade secret, and they have just said they will not turn over the source code, despite the judge's order:

The maker of the Intoxilyzer 5000 breathalyzer, CMI Inc., has informed prosecutors involved in several DUI cases in Sarasota County, Florida, that it will not assist prosecutors in complying with a judicial order [PDF] to allow an expert hired by defense attorneys to review the source code for software used in the device.
On November 2, a three-judge panel ordered prosecutors to hand over the source code within 15 days, or by November 17, in conjunction with a state law that says defendants have a right to all information about the operation of computerized devices used as evidence in court, including manuals, troubleshooting guides and, potentially, source code for software.

that was the mistake they made. Using a computer. Should have stuck with the old school breath machine. worked with a little light and a mirror.

a light and a mirror lol, WTF

That argument was tried here in Ohio several years ago. It was thrown out due to the breathalyzer manufactuer claiming trade secret violation potential (since testimony and discovery are public record). It's a great argument though if they can pull it off in Florida.

Quote:

Originally Posted by xanx

a light and a mirror lol, WTF

Excuse him, he's likely been drinking... :1orglaugh

I read an article about that a while ago.

What pisses me off is that some of the people they're getting off are habitual drunk drivers, and they're eventually going to kill someone.

But, so long as a lawyer is making money in there somewhere, it's all good.

Im not as think as you drunk I am.

Quote:

Originally Posted by pornguy

Im not as think as you drunk I am.

I'm going to need you to step out of the vehicle Sir... :1orglaugh

Quote:

Originally Posted by pornguy

Im not as think as you drunk I am.

what seems to be the offisser problem?

Ok. Here is the way to put the DUI peopl in jail.

Just have them repeat this. If they stutter or fuck it up in any way, they go to jail.

Starkle starkle little twink.
What the world of you I think.
Im not under the alcha fluence of inchahol
like a lot of thinkle peep I am.
I fool so feelish I dont know me yet.
The drunker I stander here the longer I get!

:upsidedow

Quote:

Originally Posted by pornguy

[02:29] PornGuy: Ok. I know that I misspelled some of that, but no one will be able to tell.
[02:30] New Breed: haha
[02:30] New Breed: they're all drunk anyway

:1orglaugh :1orglaugh :1orglaugh

Im a fart little smeller. :1orglaugh