Saturday, March 11, 2006

New DUI Defense Tactic: Demand the Intoxilyzer Source Code

Some DUI defense counsel have started to demand the source code for the Intoxilyzers that police use in breath tests. The manufacturer refuses, on trade secrets grounds, to release the source code, and some cases have been dismissed as a result. TalkLeft has more.

posted by pn at 4:17 PM  

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Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.