Criminal Law

Disclosure of Intoxilyzer source code: HOUSE V. COM. (COA 1/18/2008)
HOUSE V. COM. CRIMINAL: DUI and disclosure of Intoxilyzer 5000's source code 2007-CA-000417 PUBLISHED: REVERSING PANEL: ROSENBLUM PRESIDING; DIXON CONCURS; LAMBERT DISSENTS AND FILES SEP...

COURT OF APPEALS RULES THAT BREATHALYZER SOURCE CODE MUST BE PROVIDED TO DEFENDANT
LawReader Senior Editor Stan Billingsley ? January 18, 2008 The Court of Appeals issued a decision on Friday Jan. l8,  written by Senior Status Judge Paul Rosenblum which allows a defendant to view the source code of the Intoxilyzer 5000...

JUDGE THROWS OUT BREATH TEST RESULTS
A judge in Arizona has thrown out 49 breath test results because the breath machine?s manufacturer has refused to turn over the internal workings of the machine to the defense. The internal workings or ?source code? is the computer code that is used by the manufacturer to measure the blood alcohol concentration in a person?s breath...

Fines rise in DUI software fight
Todd Ruger SARASOTA COUNTY -- Court fines have climbed to more than $500,000 against the company that makes Florida's breath-test machines, part of a legal fight that is stalling more than 100 local drunken-driving cases...

Benham Sims III interviewed re: BA machine source code ruling
 Can eating a slice of bread give false positive BA reading?  Jan. 31, 2008 -  WHAS Channel 11 television interviewed Louisville attorney Benham Sims III on the recent Ct. of Appeals ruling that permitted defense attorneys to subpoena the source code of the Intoxilyzer 5000 BA machine...

Breathalyzer Source Code
This post isn?t about cybercrime. It?s about a kind-of digital evidence issue: a defendant?s right to obtain the source code of technology used to generate evidence against him or her...

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