Drunk Driving Cases Turn on Source Code
March 12, 2006
MIAMI - Timothy Muldowny's lawyers decided on an unconventional approach to fight his drunken driving case: They sought computer programming information for the Intoxilyzer alcohol breath analysis machine to see whether his test was accurate.
Their strategy paid off.
The company that makes the Intoxilyzer refused to reveal the computer source code for its machine because it was a trade secret. A county judge tossed out Muldowny's alcohol breath test - a crucial piece of evidence in a DUI case - and the ruling was upheld by an appeals court in 2004.
Source: http://msnbc.msn.com/
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at the police station the officer three hours later took a bac test
I asked them to take pictures of my sons face, eyes neck, arm & leg to show the cut above his eye and blood cots in his eyes & his neck black & Blue. He did this with a polaroid camera. we looked at the pictures and they turned out very good.He said he had to put them in the safe for evidents. Well at the trial he got on the stand and first said he threw them away and the next day he said he never took picture.My son sits in prison because of lies that was told on the stand and also shows in the court minutes know one told the same story. He got 4 to 7 in prision.Knowone wants to help. I sure lost all respect for the law I never thought law enforcement officers lied. the only one that didn't testify was the officer that was on the scene first and aparrently he wouldn't lie on the stand.