[ale] ALE Opinions...Judge shoots down closed source DUI machines as sufficent DUE Process

[Sid Lane]

I'll take the 1st shot:

it's called DISCLOSURE - if the company won't hand over the source the judge
is 100% correct not to admit it.  one of two things will happen:  either a
higher court will eventually overturn (sadly, this is more likely given
yesterday's SCOTUS ruling neutering the exclusion rule) or this company will
no longer be able to sell breathelyzers and be replaced by one that will.

I don't WANT people who've committed DUI to get off (I had a cousin killed
in a DUI-related crash in '88) but accused have the right to scrutinize
state's evidence - PERIOD.  this is an increasingly rare case where a court
surprisingly got it right.

finally, if (God forbid) anyone is killed by someone who got a previous
charge dropped because of this their blood is at least 50% on the hands of
this company with the remainder on the offender, not the judge(s) who
correctly applied law in this case.

just my 2c...

2009/1/15 Ned Williams <nedj10 at gmail.com>

> Greetings ALE member, Just curious what other members thought of this ?
> From the article
> "Manatee County Judge Doug Henderson ruled two years ago that any
> Intoxilyzer 5000 tests were inadmissible in trial, but prosecutors appealed.
> On Tuesday, Henderson told lawyers that his ruling had been affirmed by the
> Second District Court of Appeal and Circuit Court."
>
>
> http://www.bradenton.com/847/story/1152077.html
>
> I wonder if here in Ga similar defenses will now be brought or perhaps we
> might even hear more lazy state attorneys whine that if something like this
> is allowed to stand they will have to retry a bazillion cases (see weak
> excuse used in Genarlo Wilson Trial)
>
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