DUI defendants acquitted on brethalyzer’s closed source code
Florida judges are tossing out DUI cases when defendants ask to see the source code for the breathalyzers that busted them. The manufacturers won’t turn over the source, and since the machine’s correct operation is critical to establishing the case against the DUIers, the case is dismissed when it can’t be produced. From the article:
All four of Seminole County’s criminal judges have been using a standard that if a DUI defendant asks for a key piece of information about how the machine works – its software source code, for instance – and the state cannot provide it, the breath test is rejected.
