Interesting issue at the heart of several dismissals of DUI cases in one Florida county. Seminole County judges have thrown out DUI cases when the prosecution could not provide evidence that the machines that generated blood-alcohol readings are accurate. The maker of the machines claims the source-code of the device is a trade-secret and cannot be released.
“Florida cannot contract away the statutory rights of its citizens,” was one judge’s response.
Defense attorneys further claim that the devices have been modified over the years and are no longer accurate. Shades of voting machine worries there, huh? (BTW, lawyers across the country attack the Intoxilyzer 5000 on various grounds.)
But there has to be some sort of independent certification process for the machines beyond the state’s “trust us” standard.
