01-24-2006, 12:07 AM
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Confirmed User
Join Date: Apr 2002
Location: Orlando, FL
Posts: 3,711
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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.
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