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Home » Discuss » Archives » General Discussion (01/01/06 through 01/22/2007) Donate to DU
kevinam Donating Member (475 posts) Send PM | Profile | Ignore Sat Mar-11-06 02:22 PM
Original message
DUI defense lawyers challenge breath test...
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snip
The company that makes the Intoxilyzer refused to reveal the computer source code for its machine because it was a trade secret. A county judge tossed out Muldowny's alcohol breath test — a crucial piece of evidence in a DUI case — and the ruling was upheld by an appeals court in 2004.

another snip

"Any piece of equipment that is used to test something in the criminal justice system, the defense attorney has the ability to know how the thing works and subject its fundamental capabilities to review," said Flem Whited III, a Daytona Beach attorney with expertise on DUI defense.
end snips.

http://news.yahoo.com/s/ap/20060311/ap_on_re_us/dui_breath_challenge

The reason I posted this is because I thought this was similar to the problems with the diebold equipment. If memory serves me correct diebold refused to release source code for how their equipment is programmed. Certainly elections are important enough that the state and voters should have "the ability to know how the thing works"

Kevin
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