Breath Tests on Trial
Sarasota County defense attorneys target breath-testing equipment
By Todd Ruger
Sarasota Herald Tribune
"SARASOTA COUNTY -- Defense attorneys are attacking the credibility of one of the county's most powerful tools against suspected drunk drivers: the Intoxilyzer 5000.
The briefcase-sized machine uses a breath sample to let police know if someone's blood-alcohol content is over the legal limit of .08.
But nearly 150 defendants in DUI cases say they need to know how the machine's software works to determine whether the results against them are reliable.
Their attorneys already know the problem: Prosecutors can't give them the software's source code because they don't know it. And the manufacturer of the Intoxilyzer 5000 says the code is a trade secret and won't divulge it
By Todd Ruger
Sarasota Herald Tribune
"SARASOTA COUNTY -- Defense attorneys are attacking the credibility of one of the county's most powerful tools against suspected drunk drivers: the Intoxilyzer 5000.
The briefcase-sized machine uses a breath sample to let police know if someone's blood-alcohol content is over the legal limit of .08.
But nearly 150 defendants in DUI cases say they need to know how the machine's software works to determine whether the results against them are reliable.
Their attorneys already know the problem: Prosecutors can't give them the software's source code because they don't know it. And the manufacturer of the Intoxilyzer 5000 says the code is a trade secret and won't divulge it
posted by CentralLaw at 11:25 AM
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