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Judges toss out DUIs because breathalyzers' source code is secret
Via Boing Boing, we learn: "Florida judges are tossing out DUI cases when defendants ask to see the source code for the breathalyzers that busted them -- the manufacturers won't turn over the source, and since the machine's correct operation is critical to establishing the case against the DUIers, the case is dismissed when it can't be produced."
All four of Seminole County's criminal judges have been using a standard that if a DUI defendant asks for a key piece of information about how the machine works - its software source code, for instance - and the state cannot provide it, the breath test is rejected, the Orlando Sentinel reported Wednesday...
Now if only they could find a way to apply this to voting machines.
Posted by carrie on 06/06/2005 | Permalink
Comments
The logic of these cases would have to extend to computer fingerprint and DNA matching, not to mention face-recognition software. All are probably covered by proprietary code. We are either going to have a lot more disclosure or far fewer convictions.
This ruling appears likely to create too much havoc; I can't imagine that the appeals courts will let it stand.
Posted by: Charles Star | Jun 6, 2005 7:34:03 PM
Actually I think this sounds kind of legit. After all if you push enough with a speeding ticket and go through the trouble to make sure the radar is been certified and the cop is certified to use it etc... and it turns out it is not you can walk away with out the ticket or a fine.
I find this quite interesting, too many things in life go through with out checks and balances, I say more power to someone if they take this route. Although shame on that person for drinking and driving and causing a serious problem, but we all know most of the time a DUI is all about timing and has little to do with being loaded.
Posted by: donnyunitas | Jun 7, 2005 10:08:14 PM
I don't disagree, donnyunitas. I think the decision is the right one, but the havoc it will cause will keep courts from embracing the theory more broadly. To balance the constitutional rights of the defendants against the business interests of trade secret holders, courts will start issuing confidentiality orders and compelling disclosure of the code to the defendant.
Posted by: Charles Star | Jun 8, 2005 4:00:08 PM
