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Criminal Law

: DUI Blog

Judge Orders Secrets of Breath Machine Revealed

By Lawrence Taylor

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As I’ve written in past posts (Secret Breathalyzer Software Still Secret), defense attorneys have repeatedly tried to gain access to the secret software used to run the various models of breath-testing machines.  As the geeks say, "garbage in, garbage out":  erroneous or badly written software will result in erroneous test results — and thousands of citizens wrongfully convicted of DUI.  Yet, manufacturers have refused to turn the software code over, claiming "trade secrets".  The real reason: neither they, the police nor the prosecution want the loss of public confidence that would result from disclosure of inaccurate and unreliable software. Bottom line:  Profits trump justice...continue to full post

Full post as published by DUI Blog on September 13, 2008 (boomark / email).

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