Wednesday, November 02, 2005

A small victory

A quiet piece of jurisprudence that should be made to resound like trumpets is a 12th Judicial Circuit case that I have been following.

A guy in Florida failed a breathalizer test. He got a DUI charge. He demanded access to the breathalizer's source code. The prosecution refused, citing trade secrets and various governmental blah blah blah.
The defendant just won the right to see the code. (.pdf file)

There was a lot in this case that made it favorable to the defense. For instance, it turns out that the internal components of the State breathalizers all had their chips in different places, and that undercut the prosecutions assertion that they followed a consistent method of operation, but in the end some general statements are made by the bench.

One that catches my eye...
"An instrument or machine that if believed, establishes the guilt of an accused subjecting them to fines, loss of driving privileges and loss of freedom should be made available to the defense for open inspection. "

Let me remind you that this was in the State of Diebold Jeb Bush Florida!

Anyone want to take a vote on if this ruling can be expanded that extra inch to include other governmental machines? My Aaronmatic vote counting machine will determine the results.


Post a Comment

<< Home