You win some, you lose some
A Florida court has been tossing out DUI cases because the prosecution could not produce the source code of the breathalyzers.
All four of Seminole County’s criminal judges have been using a standard that if a DUI defendant asks for a key piece of information about how the machine works - its software source code, for instance - and the state cannot provide it, the breath test is rejected, the Orlando Sentinel reported Wednesday. Seminole judges have been following the lead of county Judge Donald Marblestone, who in January ruled that although the information may be a trade secret and controlled by a private contractor, defendants are entitled to it.
“Florida cannot contract away the statutory rights of its citizens,” the judge wrote.
In other news, unverifiable election results based on the proprietary code of machines notorious for being easy to tamper with are still OK!
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