From the definitely non-liberal bastion of capitalism, the Wall Street Journal. I just pasted the first few paragraphs. Remember, kids, drinking and driving is bad, don't do it! Having said that, here are the excerpts from the article:
A court fight in Florida over the software used in the instruments that detect alcohol in breath could threaten the ability of states and localities to prosecute drunk drivers.
The battle is over the source code of breath analyzers made by CMI Group, a closely held maker of breath-alcohol instruments. Defense lawyers have challenged the use of the device and asked to see the original source code that serves as its computer brain, saying their clients have the right to examine the machine that brings evidence against them.
Last February, a state appeals court in Daytona Beach ruled that Florida had to produce "full information" about the test that establishes the blood-alcohol level of people accused of driving under the influence, or DUI. Otherwise, the court said, the evidence is inadmissible.
"It seems to us that one should not have privileges and freedom jeopardized by the results of a mystical machine that is immune from discovery," the state's Fifth District Court of Appeal wrote.
A court in Seminole County later interpreted the ruling to apply to CMI's source code. As a result, at least 1,000 breath tests have been thrown out of court in the county this year. Last month, a court in Sarasota County said the breath tests used in 156 DUI cases will have to be thrown out if CMI continues to refuse to hand over the source code.
A court fight in Florida over the software used in the instruments that detect alcohol in breath could threaten the ability of states and localities to prosecute drunk drivers.
The battle is over the source code of breath analyzers made by CMI Group, a closely held maker of breath-alcohol instruments. Defense lawyers have challenged the use of the device and asked to see the original source code that serves as its computer brain, saying their clients have the right to examine the machine that brings evidence against them.
Last February, a state appeals court in Daytona Beach ruled that Florida had to produce "full information" about the test that establishes the blood-alcohol level of people accused of driving under the influence, or DUI. Otherwise, the court said, the evidence is inadmissible.
"It seems to us that one should not have privileges and freedom jeopardized by the results of a mystical machine that is immune from discovery," the state's Fifth District Court of Appeal wrote.
A court in Seminole County later interpreted the ruling to apply to CMI's source code. As a result, at least 1,000 breath tests have been thrown out of court in the county this year. Last month, a court in Sarasota County said the breath tests used in 156 DUI cases will have to be thrown out if CMI continues to refuse to hand over the source code.
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[Ian M. O'Flaherty], one of 10 judges who preside over traffic cases in Fairfax County District Court, ruled that Virginia's law is unconstitutional because it presumes an individual with a blood alcohol content of 0.08 or higher is intoxicated and denies a defendant's right to the presumption of innocence.
Corinne Magee, the attorney whose challenge of the state's drunken driving law led to O'Flaherty's ruling, said the decision was based on the 1985 U.S. Supreme Court case Francis v. Franklin, which dealt with a prosecutor's obligation to prove all elements of a crime beyond a reasonable doubt.
Magee said she was troubled by the law because it presumes intoxication at 0.08 and that the driver was at that level while driving, even if the test was administered hours after the driver was stopped. She said a person's blood alcohol level can fluctuate depending on when the last drink was consumed and how that person's body metabolizes alcohol.