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

[Jim Kinney]

Good call Sid. Now let's see if that same disclosure can be applied to
ALL devices used in public-space, i.e. voting machines.

2009/1/15 Sid Lane <jakes.dad at gmail.com>:
> 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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-- 
-- 
James P. Kinney III