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Criminal Law

: DUI Blog

Justice vs Profits: Guess Which Wins?Again?

By Lawrence Taylor

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Guilt or innocence in a drunk driving case commonly hinges on the breath test — and on the accuracy and reliability of the breath machine.  I’ve written ad nauseum in the past about the demonstrated lack of both — and on the success of manufacturers in keeping the inner workings of their machines secret.  See, for example, What Are Breathalyzer Manufacturers Hiding?   Amazingly, these devices which largely determine guilt or innocence, remain mysterious "black boxes" — run by software which is kept secret from the accused, his attorney, and even from prosecutors and the courts. Recently, judges in a few states have begun ordering the manufacturers to turn over the software ("source code") so that the defense can have it analyzed for accuracy...continue to full post

Full post as published by DUI Blog on January 13, 2009 (boomark / email).

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