Judge Rules Defense Can Get DUI Machine Source Code 270
pfleming alerts us to developments in Arizona on a subject we have frequently discussed (e.g. FL, MN, NJ): efforts in DUI cases to obtain source code to devices that analyze blood alcohol levels. On Friday a Pima County Superior Court judge ruled that the software that powers the Intoxilyzer 8000 must be revealed to defense lawyers. "Defense attorneys representing more than 20 people arrested on felony DUI charges agreed to consolidate their cases into one and to argue it before [Judge] Bernini ... The source codes are crucial because the Intoxilyzer 8000 sometimes gives 'weird' or inexplicable results ... Six other states have been battling CMI [maker of the Intoxilyzer] over the source code — Minnesota, Florida, Louisiana, Massachusetts, Tennessee and New Jersey... CMI has currently racked up over $1.2 million in fines in a civil contempt order for not disclosing the source code in Florida."
Re:Why not prosecute? (Score:5, Informative)
It doesn't require a prosecution. If the judge gets irritated enough regarding their civil contempt, he can jail them summarily until they comply. I think, however, that judges are often reluctant to do this.
I should imagine that there is a long list of well established procedures for handling contempt. While I think it's well within a judge's power to jail almost indefinitely for contempt until the contempt is remedied, I suspect that there are rules of jurisprudence that govern them otherwise to some degree.
The contempt charges can continue indefinitely by the way. They will have to reveal their code eventually or go bankrupt, and this still won't get them out of contempt. IOW, it's only a matter of time before they reveal, and they are being immensely stupid.
There is this story (urban legend?) that Larry Flint of Hustler fame was fined $10K per day for contempt once. He sent the fine in pennies. In response, the Judge said he liked pennies and would gladly accept $50K a day paid in pennies.
One should not baldly thwart the judge. Makes you wonder who their lawyers are.
C//
Sixth Ammedment (Score:5, Informative)
the accused shall enjoy the right ... to be confronted with the witnesses against him; [cornell.edu]
In this case the withess is a machine, he has the constitutional right to know how that machine works
Re:cheers! (Score:5, Informative)
Even in such a simple case there are many things it should be testing. Is the A/D output sane? Does it take 3 quick samples while someone is blowing and average them or just take it once (which could be wrong for some reason)? According to the article, it doesn't look like it does. It calibrates the wind sensor, but doesn't check that the calibration is sane. It doesn't report errors unless they happen 32 times in a row. It disables the watchdog timer. It disables the interrupt for illegal instructions. It doesn't meet any coding standards. It contains code with things like "this is temporary for now" in it. There is an obvious reason why they didn't want the code released.
This was a partial summary of another breathalyzer source code that was opened up in another case. This has nothing to do with open source this has to do with software that is half-ass'd but determines if someone has to go through years of court hearings, meetings, suspended license, and a whole waste of money because some company rushed their software engineer to write code that may be giving wrong results all together.
This code should be open to public discrimination, there would be no trade secrets if the law protects the code from someone else using it after its been opened to public discrimination because every company would have to disclose their software.
Re:Why not prosecute? (Score:2, Informative)
Re:Idiotic (Score:3, Informative)
Um, that assumes that you are comparing the result with a known value. The point of a breathalyzer is to determine an unknown value.
Unless of course this attorney is saying that they already know the accused are drunk, in which case the breathalyzer is redundant.
INAL, but I was convicted of a DWI.
The known value is an reference alcohol unit pre-applied prior to each test as a calibration, to establish that the machine is accurate. The unit is equivalent to a reading obtained in medical studies show to prove the average person intoxicated. This calibration is noted on your Breathalyzer card, along with your results (usually 2, spaced an hour apart, with different reference units), which will be noted on the complaint, and included in the arrest report.
Re:cheers! (Score:5, Informative)
That being said, in Florida, even if you are below the legal limit, you can still be charged with driving while impaired if it can be shown that your driving was impaired.
One of my closest friends is a Criminal Defense Attorney and he tells everyone he knows, "Don't drink a drop and drive". Also, you are within your legal rights in all fifty states to request a blood test instead of the breath test. You will be booked, but the results will be indisputable in court. So if you're sure you only drank one beer it will be dead on.
Re:Why not prosecute? (Score:4, Informative)
While private organizations can actually refuse to accept any current demoniation (pennies included, though it's usually $100 bills), government organizations (like the courts) cannot. If they refuse to accept the pennies which would be legal tender the debt to the government would be cancelled.
Re:Sixth Ammedment (Score:4, Informative)
Re:cheers! (Score:3, Informative)
When the source code is compiled in the exact same manner that the binary the hash value should be the same for the compiled code as the binary used in the machine. Hash Function [wikipedia.org]
Re:no (Score:2, Informative)
We all bleed the same color underneath..