DUI Defense Lawyers Challenge Breath Test
An AP newswire article by Curt Anderson, via SeattlePI.com, reports that:
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.More here.
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.
posted by Fergie @ 3/11/2006 12:48:00 PM
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