Thursday, October 20, 2005
Florida DUI Law and Open Source
"A Florida court this Friday will hear arguments in a case where the accuracy of a breathalyzer is being scrutinized because the manufacturer refuses to release the source code. A state court ruling last year said that accused drunk drivers are entitled to receive details about the inner workings of the "mystical machine" that determined their guilt, and defense attorneys are now using that ruling to open up the device's source code.Is this part of a larger trend? With software bugs being a fact of life, consumers and organizations could claim that they need to be able to verify an application's source code before they accept that their calculations are accurate. Think credit card transactions, speed detecting radar guns, electronic voting machines."
Lawyers in Blogland From the Florida Bar
"Law blogs are exploding and Florida lawyers are in on the action
By Jan Pudlow
Senior Editor
Armed with a Dummies book on html, a software program called “Blogger,” and plenty of curiosity, St. Petersburg lawyer Matt Conigliaro set out to write the code for a legal blog he could call his own.
For two months in the spring of 2003, on weekends and in the middle of the night, he hunched over his computer fine-tuning Abstract Appeal, billing it as “the first Web log devoted to Florida law and the 11th Circuit Court of Appeals.”
Then he set it free into the blogosphere.
Little did he realize that because of his blog, he would be quoted in the Los Angeles Times, Chicago Tribune, and CourtTV.com during the raging controversy of the Terri Schiavo end-of-life case. "
By Jan Pudlow
Senior Editor
Armed with a Dummies book on html, a software program called “Blogger,” and plenty of curiosity, St. Petersburg lawyer Matt Conigliaro set out to write the code for a legal blog he could call his own.
For two months in the spring of 2003, on weekends and in the middle of the night, he hunched over his computer fine-tuning Abstract Appeal, billing it as “the first Web log devoted to Florida law and the 11th Circuit Court of Appeals.”
Then he set it free into the blogosphere.
Little did he realize that because of his blog, he would be quoted in the Los Angeles Times, Chicago Tribune, and CourtTV.com during the raging controversy of the Terri Schiavo end-of-life case. "
Best Place to Get DUI
"In Fairfax, where General District Judge Ian O'Flaherty has resumed dismissing drunk driving charges on the grounds that the state's presumption of intoxication at .08 blood levels or above violates the constitutional right to a presumption of innocence."
DUI Manslaughter Case (DUI Tampa Lawyer)
"A Stuart man charged in the December traffic death of his fiancee pleaded no contest Monday to DUI manslaughter and other charges related to a single-car crash on Willoughby Boulevard.
[He] was expected to begin a trial Monday, also pleaded no contest to two charges of DUI with serious injuries and driving with a suspended license involving death, court records show."
[He] was expected to begin a trial Monday, also pleaded no contest to two charges of DUI with serious injuries and driving with a suspended license involving death, court records show."
DUI and Open Source Software
'I'm not drunk, your software is'
Tom Sanders in California, vnunet.com 20 Oct 2005
"A Florida court will hear arguments on Friday in a case where the accuracy of a breathalyser is being scrutinised because the manufacturer has refused to release the source code.
Lawyers representing more than 150 defendants who have been charged for driving under the influence of alcohol in two Florida counties will file the request.
They argue that they have a right to see the source code of the alcohol breath analyser that was used to determine their clients' guilt. . .
A Florida court will hear arguments on Friday in a case where the accuracy of a breathalyser is being scrutinised because the manufacturer has refused to release the source code. . . They argue that they have a right to see the source code of the alcohol breath analyser that was used to determine their clients' guilt."
Tom Sanders in California, vnunet.com 20 Oct 2005
"A Florida court will hear arguments on Friday in a case where the accuracy of a breathalyser is being scrutinised because the manufacturer has refused to release the source code.
Lawyers representing more than 150 defendants who have been charged for driving under the influence of alcohol in two Florida counties will file the request.
They argue that they have a right to see the source code of the alcohol breath analyser that was used to determine their clients' guilt. . .
A Florida court will hear arguments on Friday in a case where the accuracy of a breathalyser is being scrutinised because the manufacturer has refused to release the source code. . . They argue that they have a right to see the source code of the alcohol breath analyser that was used to determine their clients' guilt."
Sunday, October 16, 2005
Tampa Attorney DUI Q & A
"Q. I was stopped for DUI last week and was given a court hearing. Since this is my first DUI arrest, I do not know what sentence I may receive. Several people have told me that the prosecutor's office usually makes a specific recommendation based on the fact that this is a first offense. I have received solicitations from a few attorneys as well. Is there a way I can learn what the prosecutor's office will demand before I hire an attorney? What would be the advantage of hiring an attorney?
A. If you are charged with DUI, you should find out the name of the assistant state attorney who will be handling your case. You can call the State Attorney's Office, which should be able to tell you the name of the attorney. You can call the prosecutor and ask him or her if there is a standard plea agreement since this is your first offense. Many people hire private attorneys for several reasons: First, if your arrest was not proper, an attorney may be able to get your case dismissed. Second, an attorney may be able to get a better plea arrangement. Without knowing all of the facts of your situation, it is difficult to advise you. "
A. If you are charged with DUI, you should find out the name of the assistant state attorney who will be handling your case. You can call the State Attorney's Office, which should be able to tell you the name of the attorney. You can call the prosecutor and ask him or her if there is a standard plea agreement since this is your first offense. Many people hire private attorneys for several reasons: First, if your arrest was not proper, an attorney may be able to get your case dismissed. Second, an attorney may be able to get a better plea arrangement. Without knowing all of the facts of your situation, it is difficult to advise you. "
Florida Judge Removed For Flagrant Violations Of Ethics Rules
"Florida Judge Removed For Flagrant Violations Of Ethics Rules
ORLANDO, FL--The gravy train is over for a Ninth Circuit Court Judge of Orange County who has collected nearly $85,000 this year for doing nothing after he was placed on a paid leave of absence in February while under investigation by the Judicial Qualifications Commission of the Florida Supreme Court.
The court took final action in the misconduct matter this week, removing the judge from the bench because he continued to act as a criminal defense attorney while performing judicial duties in 2000 and that he later advised that same criminal defense client to leave the country in order to avoid prosecution.
The Court had conducted a hearing in the matter in September and a decision had not been expected for months."
ORLANDO, FL--The gravy train is over for a Ninth Circuit Court Judge of Orange County who has collected nearly $85,000 this year for doing nothing after he was placed on a paid leave of absence in February while under investigation by the Judicial Qualifications Commission of the Florida Supreme Court.
The court took final action in the misconduct matter this week, removing the judge from the bench because he continued to act as a criminal defense attorney while performing judicial duties in 2000 and that he later advised that same criminal defense client to leave the country in order to avoid prosecution.
The Court had conducted a hearing in the matter in September and a decision had not been expected for months."
Florida's high court boots jurist
"Henson gets thrown off Orange Circuit bench
Anthony Colarossi
Sentinel Staff Writer
Posted October 13 2005
The state Supreme Court ended the long-tarnished career of an Orange Circuit Judge on Wednesday, adding his name to a short list of judges whose ethical transgressions got them booted from the bench.
The seven justices say the judge practiced law while still a judge and told a client facing two DUI-manslaughter charges that she should flee the country to avoid prosecution."
Anthony Colarossi
Sentinel Staff Writer
Posted October 13 2005
The state Supreme Court ended the long-tarnished career of an Orange Circuit Judge on Wednesday, adding his name to a short list of judges whose ethical transgressions got them booted from the bench.
The seven justices say the judge practiced law while still a judge and told a client facing two DUI-manslaughter charges that she should flee the country to avoid prosecution."
Breathalyzer Hearing Scheduled
"Another chapter will be written in the epic saga of Sarasota County breathalyzers in an Oct. 21 court hearing.
We will essentially be asking the judges to provide the software source code than runs in the Intoxilyzer 5000 beathalyzer.
Five county judges who hear DUI cases, three from Sarasota County and two from Manatee county, will be sitting.
The manufacturer has flat-out refused to turn over the information, said they will not do it under any circumstances . . . Makes you wonder what they're hiding."
We will essentially be asking the judges to provide the software source code than runs in the Intoxilyzer 5000 beathalyzer.
Five county judges who hear DUI cases, three from Sarasota County and two from Manatee county, will be sitting.
The manufacturer has flat-out refused to turn over the information, said they will not do it under any circumstances . . . Makes you wonder what they're hiding."
Corrections officer's sentence in DUI death to wait for appeal
Stephen Hudak | Sentinel Staff Writer
Posted October 14, 2005
TAVARES -- A federal corrections officer convicted of driving drunk and causing a crash that killed a bicyclist has been spared a prison sentence while he challenges the verdict -- a step the judge has taken just twice before in 10 years on the bench.
Posted October 14, 2005
TAVARES -- A federal corrections officer convicted of driving drunk and causing a crash that killed a bicyclist has been spared a prison sentence while he challenges the verdict -- a step the judge has taken just twice before in 10 years on the bench.
Tampa DUI - Man guilty in 2 DUI deaths
"DeLand driver convicted in 2003 crash that killed women
Ludmilla Lelis | Sentinel Staff Writer
Posted October 8, 2005
DeLAND -- A 23-year-old DeLand man was found guilty Friday of driving drunk when he caused a crash that killed two women in 2003.
[The man] could face 15 years in prison for each of the two counts of DUI manslaughter. He was also convicted of vehicular homicide, a felony carrying a potential five-year prison term. He will be sentenced at a later date."
Tampa DUI Attorney
Ludmilla Lelis | Sentinel Staff Writer
Posted October 8, 2005
DeLAND -- A 23-year-old DeLand man was found guilty Friday of driving drunk when he caused a crash that killed two women in 2003.
[The man] could face 15 years in prison for each of the two counts of DUI manslaughter. He was also convicted of vehicular homicide, a felony carrying a potential five-year prison term. He will be sentenced at a later date."
Tampa DUI Attorney
Subscribe to Posts [Atom]
