Secret Breathalyzer Software Still Secret

As I’ve written repeatedly in the past, a DUI/DWI case has degenerated essentially into a “trial by machine”.  If the machine says the blood alcohol level is .08% or higher, the law presumes him to be guilty — and at trial the jury will be so instructed.

[...]

So wouldn’t it be nice to know just what the computer source code was in this antique that determines guilt or innocence?

One attorney in Minnesota, Jeffrey Sheridan, thought so, and asked the court to order the prosecution to turn over the code for inspection. ”For all we know,” he said, ”it’s a random number generator”. The court agreed. [...]

more at DUI Blog.

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