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Breathalyzers Contributed by Carlo

Techdirt:Forget Voting Machines, Open The Code For Breathalyzers techdirt corporate intelligence techdirt wireless techdirt books techdirt reports older stuff submit story past polls about feedback Search Techdirt Try the Advanced Search . Forget Voting Machines, Open The Code For Breathalyzers Contributed by Carlo on Thursday, October 20th, 2005 @ 10:07AM from the take-me-drunk-i'm-home dept. As electronic voting machines have become popular, there's been a big call for the companies that make them to release their code for public scrutiny . The most notorious vendor, Diebold, continues to resist , but the clamor for opening the code of other machines is growing, with breathalyzers the latest target. Laywers for 150 people charged with drunk driving in Florida are asking to see the source code of the breathalyzers that got their clients arrested . The software for the device in question was approved by the state in 1993, but has seen numerous changes since then, and an earlier ruling said defendants could look at manuals and schematics for the machines. The company that makes them, of course, says the 25-year-old-software is a trade secret and opposes the motion. << eBay's Skype Plan: Make Money From Free Calls | Reply | Threaded | Former Intermix CEO Ponies Up Spyware Fine >> Related Links release their code for public scrutiny continues to resist are asking to see the source code of the breathalyzers that got their clients arrested Related Articles More by Carlo Features Techdirt Corporate Intelligence Read about Techdirt Corporate Intelligence in CIO Magazine Like what you see on Techdirt? Get your own enterprise blog for your company, complete with all the news, summaries, and analysis you need from Techdirt's staff of expert analysts. Let us find, filter, summarize, and analyze the news for you. Sign up now! DUI Blog Explains Problems with the Technology by Beck on Thursday, October 20th, 2005 @ 11:19AM Excellent reading in the DUI Blog: http://www.duiblog.com/2005/10/04#a251 If you read here you will see that the only reason the evidence from these machines is admissible in court is because there are laws that declare it admissible. Otherwise it would be very easy for a defense lawyer to prove to a jury that the test results are unreliable (assuming you are even allowed to have a jury). These machines are highly fallible, both in their mechanics, and in the calculations they perform to arrive at a blood alcohol value. [ Reply to this comment ] Re: DUI Blog Explains Problems with the Technology by Anonymous Coward on Thursday, October 20th, 2005 @ 11:27AM Just don't drink and drive and you won't need a lawyer to get access to the source code ya fucking drunkies! [ Reply to this comment ] Sure by VonSkippy on Thursday, October 20th, 2005 @ 12:12PM Sure, let's protect the rights of those stupid drunk bastards that can't obey the simplist of rules (i.e. don't drink and drive). Not sure what's worse, the asshat drunks or the lawyers who bottom feed and defend them. [ Reply to this comment ] Re: Sure by Dave on Thursday, October 20th, 2005 @ 12:23PM First they came for the drunks and I did not speak out because I was not a drunk. If you do not protect the rights of those you despise, those rights will not be there for you when you need them. [ Reply to this comment ] Re: Sure by arcfixer on Thursday, October 20th, 2005 @ 12:48PM "It is the duty of every patriot to protect his country from his government". . Thomas Paine [ Reply to this comment ] To the judgemental asshats from previous comments. by nostranonymous on Thursday, October 20th, 2005 @ 12:52PM Let's not forget that it's perfectly LEGAL to drive with a BAC of less than .08 Don't tell me to not drink and drive because I have EVERY right to do so to a point depending on how large of a person I am and how long I wait before driving. This is where the problem is. What if I decide to have 1 beer, I wait an hour, and drive home with a BAC of .05? Unfortunately, because of a faulty source code, the breathalizer says I have a BAC of .09. I am wrongfully accused of driving while excessively intoxicated and may even spend a night in jail because of a company that doesn't care since they make money off the punishment of others. Yes, it's dangerous to drive while intoxicated. But it's also dangerous to drive while you're sleepy or to drive when you're over the age of 65. And those people are not punished for endangering the lives of others... [ Reply to this comment ] Re: To the judgemental asshats from previous comme by Rikko on Thursday, October 20th, 2005 @ 03:14PM You sure about that? In Canada there is the .08 "rule", but you can be charged with any alcohol level in your blood. That's left to the discretion of the officer. I await the day when there is no more manual driving.. Only then can these problems be solved. [ Reply to this comment ] Point, Set; by DGK12 on Thursday, October 20th, 2005 @ 03:17PM You don't have to drink an alcoholic beverage to consume alcohol. Remember than some cough medications have alcohol in them. If for some reason you are given a Breathalyzer test and the device is not accurate, you could be falsely accused and get a DUI. Here's a point; 'Trade secret' is a secret which gives a product a competitive edge over competition. When information is called into court to dispute how a determination was made, that means that it MUST be brought to court. The Sixth Amendment assures the right to face ones accuser -in this case, the Breathalyzer made this judgement. I believe this also applies to questioning how the judgement was made, and if their is question as to its legitimacy, then 'trade secret' or no, they've got to do it. I believe that this is a legitimate claim, considering that the makers don't want to show the courts to see how they've programmed these devices. I doubt Corporate Espionage extends to a jury of randomly selected individuals. Remember Apple was found guilty of illegally using the courts to do their own investigation, trying to use 'trade secret' to hide from the truth. [ Reply to this comment ] Re: DUI Blog Explains Problems with the Technology by Colby on Thursday, October 20th, 2005 @ 03:40PM Maybe the whole reason there is a discussion on this webpage is that non-drunk people(sober), are being falsely charged with drunk driving... Or, at the very least, people who are not comitting a crime are being prosecuted for one. It seems to me that the bigger problem is that there is no way for a person to prove his innocense should he be in the right and a cop made the error. To allow a device, which has obvious fallacies, should have never been considered in determing whether somone is charged $8,000+ for being a "drunk driver". Duh? This is along the same lines, in my mind, as the speed photos they have in our town. The pictures do not show nearly enough detail to identify a person conclusively. Innocent until proven guilty? Or innocent until someone else decides your not? Cops, judges, etc. are all actually REAL people. They are prone to all the same mistakes as anyone else. Why would we not have a system in place that accounted for this? The whole underlying system in our government - one which would ensure a government official had no more power than a anyone else, and could not be held above the law - was that of a "checks and balances." I am quite bitter on this subject as I have been harassed by cops for both good and bad reasons. e.g. "bad reason" - Driving home from work at 3:30am, to be pulled over because the cop wants to know what I'm up to at that hour. "good reason" - I ran a yellow light, that could have possibly endangered someone else. The cop pulls me over and gives me a ticket. It seems we are so powerless to do anything in our own defense anymore. It costs so much for a lawer, court fees, etc. That no person in the majority of Americans who make less than $40,000 per year, can afford a lawyer, missing work, etc. Only people who have money, have the ability to do anything, should they be innocent. Only people who have money, have the ability to do anything, should they be guilty. [ Reply to this comment ] Re: To the judgemental asshats from previous comme by Dave on Thursday, October 20th, 2005 @ 05:15PM "In Canada there is the .08 "rule", but you can be charged with any alcohol level in your blood. That's left to the discretion of the officer." Technically, the law varies by state, but the federal funding leash has them pretty much uniform. It is, in fact, a specific fixed limit. .07% blood alcohol, and you're Joe Average, who just stopped to loosen up on the way home. .08%, and you're a child-killing, drunken SOB. Kinda makes you hope that watever you're being tested by is accurate, doesn't it? [ Reply to this comment ] Drink at home by Killed A Hobo on Thursday, October 20th, 2005 @ 06:28PM Just drink at home, if you feel the urge to drive, pop in Gran Turismo and wreak some havoc digitally... The only person who gets hurt that way is the guy who gets in your way when you throw the controller at the screen! [ Reply to this comment ] Re: Drink at home by Bill on Friday, October 21st, 2005 @ 10:02AM That's right, no wine with dinner, and bars are no longer alloed to have parking lots. [ Reply to this comment ] Re: Drink at home by Anonymous Coward on Friday, October 21st, 2005 @ 12:19PM Says who? Not the law, that's for sure. If the law did say that, the legal BAC limit would be 0.0 Go preach elsewhere. [ Reply to this comment ] [ home | corporate intelligence | contribute story | older articles | past polls | feedback | ] This site was built on the slashdot code.

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Drunk Driving Laws

DWI DUI OWI OUI Driving in Manitoba DUI DWI: International Referral Database of DUI, DWI, Impairedand DrunkDriving, Drinking and Driving, Lawyers & Attorneys State orProvince | County | Region | Attorneys | Courthouses | License & Traffic Offices | Legislation | Instruments | Standards | Experts | Articles Add Attorney | Add Courthouse | AddDMV Office | Add Legislation | AddInstrument | Add Standards Home | Debate | AddingYour Firm | Words are used in Canada? DUI | DWI | DrunkDriving | Drinkingand Driving | DUI Laws | DWILaws | Ontariodui | Ontario dui laws | ImpairedDriving | TorontoDUI | BramptonDUI | MississaugaDUI DUI : Driving Under the Influence; DWI : Driving While Intoxicated;OUI: Operating Under the Inflence; OWI: Operating While Intoxicated; ImpairedDriving: Impaired in Canada to Slightest Degree; Over 80: Excess BAC alcohol inCanada over 80 mg/100mL; Care or Control: Occupy seat normallyoccupied by operator in Canada, act or series of acts involving useof car , fittings or equipment Manitoba DWI DUI OWI OUI Information Summaries of DUI Law DWI Law for Manitoba What to Do On DUI Court DWI Court First Appearance What to Wear to DUI Court DWI COurt Being Early for DUI Court and DWI Court Directory of DUI Courthouses and DWI Courthouses in Manitoba Directory of Motor Vehicle Offices BAC Instruments used in DUI Court and DWI Court Cases DUI and DWI Breath and Blood Collection Standards and Departments Responsible DUI and DWI Legislation in Manitoba Substantive DUI/DWI/Excess Alcohol Offense DUI DWI Refusal Offense/Presumption DUI DWI Administrative Driver's License Suspension Drinking and Driving Procedure/Evidence DUI DWI Penalties Suspension on Conviction, Prohibition DUI DWI Drive While Suspended Offense Immigration, Exclusion of Visitors resulting from DWI DUI Reciprocal DUI DWI Agreements Constitutional Rights in DUI DWI Cases Other Criminal Non-DUI Non-DWI Legislation DUI Attorneys DWI Attorneys - Lists by County in Manitoba List of DUI Attorneys DWI Attorneys and Practice Descriptions Avocats DUI,DWI, droit criminel Adwokaci DUI,DWI, prawo kryminalne List of DUI Forensic Experts, DWI Forensic Experts and Practice Descriptions State/Province DUI DWI Data and Links to DUI DWI Statutes The Impaired Driving Checklist The Drinking Driver's worksheet DUI DWI and Criminal Defense Character Reference Letters Articles and Writings Manitoba DUI Attorney DWI Attorney Articles and Writings Manitoba DUI Lawyer DWI Lawyer Articles and Writings Manitoba Drunk Driving Attorney Articles and Writings Manitoba Drunk Driving Lawyer Articles and Writings AddDL Lawyers and DUI Information in Manitoba Cities and Towns Sponsored by: No records returned. 2222 | DUI DWI Practice Descriptions, Links, andProfiles | DUI DWI Summaries of Law | Searchby Region, County, City | First Appearance inDUI Court DWI Court | MembersOnly | AddYour Firm | Delete | Privacy | For Ontario DUIDWI impaired driving criminal law information please visit www.lawyers.ca See also TorontoDUI For more information respecting this database or to report misuse contact: AllbissLawdata Ltd. , 303-470 Hensall Circle, Mississauga,Ontario, Canada, L5A 3V4. Theauthor and the participants make no representation or warranty whatsoeveras to the authenticity and reliability of the information contained herein.Advertisement.Theselawyers do not practice in association. WARNING: All informationcontained herein is provided for the purpose of providing basic information onlyand should not be construed as formal legal advice. The authors disclaim any andall liability resulting from reliance upon such information. You are stronglyencouraged to seek professional legal advice before relying upon any of theinformation contained herein. Legal advice should be sought directly from aproperly retained lawyer or attorney.

DUI arrest 7/21/02 :

deseretnews.com | Man faces charges in 13th DUI arrest Thursday, September 19, 2002 DUI Utah 11/30/04 : DUI decline nets award 6/14/04 : Salt Lake court aims to cut DUIs 3/28/04 : Wasted youth 3/23/04 : 'He's drunk, and he's driving real bad!' 2/22/04 : Is this justice? 1/6/04 : Parole is final blow to family 12/31/03 : Deaths fuel a desire to swear off drinking 12/21/03 : Police sweeping DUIs off streets 11/19/03 : Legislators mull 2 DUI measures 10/16/03 : Curse of DUI tough to curb 8/7/03 : Guidebook offers DUI punishment options 7/29/03 : Man with 21 DUIs heading to prison 7/19/03 : Preventable drug tragedy mourned 5/27/03 : Utah DUI deaths fall — maybe 5/17/03 : Paulinha, far from home 3/17/03 : DUI records still vanishing 2/15/03 : Tough DUI bill advances in House 2/14/03 : HBO show to feature probe into deaths of 2 Murray men 1/24/03 : Budget cuts could release DUI offenders 1/2/03 : Cuts may doom DUI squad 12/28/02 : Beer-tax $$ up, but DUI patrols down 12/18/02 : Utah braking DUI deaths 11/21/02 : MADD downgrades Utah 11/20/02 : Proposed law would spotlight DUI history 11/19/02 : DUI death nets a prison term 10/24/02 : Fine for 2nd DUI offense may rise 10/21/02 : DUI homicide results in prison term Man faces charges in 13th DUI arrest 7/21/02 : Bar owners feeling sting of DUI laws 7/9/02 : Utah's lawmakers pass DUI measure unanimously 7/8/02 : Session targets holes in DUI laws 6/21/02 : DUI tragedy taking heavy toll 20 years later 6/20/02 : Lawmakers to tackle DUI-offender database bill 5/24/02 : Criticism of courts called unfair 5/23/02 : Courts to blame for DUIs? 5/12/02 : Family fumes over DUI case 3/23/02 : Huge hole in new DUI law 3/7/02 : 8 measures win approval in the battle against DUI 1/26/02 : Anti-DUI funds shrinking 1/20/02 : Rita Lujan's unfinished business 1/6/02 : State wants to fight DUI problem but lacks money 12/8/01 : Courts, old laws hamper DUI work 12/5/01 : DUI fatality spurred couple to form group 12/4/01 : Key DUI data may be added to driver records 12/3/01 : Boost spending in DUI fight, Utahns say 12/2/01 : Lax on DUI? 10/21/01 : DUI death toll in Utah jumps 4% 8/5/01 : A long, winding road to jail 7/22/01 : 5% of Utah drivers have a DUI arrest 2/18/01 : How did history of DUIs slip through cracks? 2/1/01 : New tactics against DUIs offer glimmer of hope 1/31/01 : Gross inconsistencies fuel reform in sentencing 1/30/01 : Prosecuting DUIs is complex process 1/29/01 : Few DUI cases in Utah ever go to court 1/28/01 : Drunken driving leaves trail of heartbreak, few penalties Man faces charges in 13th DUI arrest By Pat Reavy and Lucinda Dillon Kinkead Deseret News staff writers A man with a lengthy history of DUI arrests has turned himself in to face charges in his 13th drunken-driving incident. Christopher Dee Duran, 42, was booked into the Salt Lake County Jail shortly after 8 p.m. Wednesday. He was wanted on a $250,000 arrest warrant, issued shortly after he was charged Tuesday with driving under the influence, driving on a suspended license and having an open container in a vehicle. Christopher Duran He is scheduled to be arraigned on the charges Friday morning in 3rd District Court. Because of his prior convictions, the DUI charge against Duran is a third-degree felony rather than the traditional misdemeanor. South Jordan police arrested Duran Sept. 12. The arrest report and Duran's DUI history eventually made its way to the desk of Assistant Police Chief Dan Pearson, who said he couldn't believe what he saw. "What does it take to get someone from out behind the wheel?" an astounded Pearson asked. "He's a walking death sentence for someone. It really makes you wonder what can be done to stop him." Duran was arrested after police found him passed out at the wheel of his vehicle, which was stopped near 10900 South and 3200 West at 2 p.m. with one tire on the curb, according to court documents. The officer who awakened Duran noticed a smell of alcohol, slurred speech and poor balance, court documents state. Duran allegedly failed field sobriety tests, and a breath test registered a .248 blood-alcohol level, three times the legal limit. South Jordan police allowed Duran to be released pending court proceedings on a $15,000 bond. If police had been aware of Duran's prior arrest, the warrant would have been much higher than $15,000, South Jordan Sgt. Dan Starks said. Just days prior to that arrest on Sept. 4, Riverton police also arrested Duran for DUI. As in South Jordan, he was released on bond pending further proceedings. He has not yet been charged with that offense. Ironically, the Riverton arrest — Duran's 12th offense — came one day after Duran told a judge he had successfully completed an alcohol-treatment program. Duran appeared in Riverton Justice Court on Sept. 3 on an October 2000 drunken-driving charge. He was brought back to court because he had failed to fulfill the terms of his December 2000 sentence in that case, a Riverton court clerk said Wednesday. At the time of his sentencing in that case, Duran was in jail on other charges. A Riverton judge allowed that time to count toward the mandatory two-day jail sentence. Duran was also ordered to pay an $1,800 fine and attend alcohol treatment classes upon his release. Nearly two years after the imposition of the sentence, Duran reportedly told Riverton Justice Court Judge Darla Serassio he had completed the program. Serassio directed Duran to provide her with a completion certificate, which he has so far failed to do. It is unclear whether Duran's extensive DUI history was considered before charging and sentencing in Riverton. Tucker Hansen, a contract city prosecutor for Riverton who handled the case, was unavailable to comment — as was Riverton's Serassio. Curbing repeat DUI offenders has been much discussed in recent months as grave problems with the state's ability to track, sentence and treat repeat drunken drivers has come under media and legislative scrutiny. "This is the kind of thing that has been a frustration to prosecutors, to the Legislature and everybody who has tried to solve this problem," said Rep. Lamont Tyler, R-Salt Lake City. In July's special session of the Legislature, Tyler sponsored a bill aimed at the complex problem of tracking offenses. Tyler's legislation requires all justice courts, run by cities and counties, to collect and report the same DUI data currently collected by state courts. It also establishes a single, statewide database within the Utah Department of Public Safety where DUI records and data are stored, and creates accountability by requiring the Commission on Criminal and Juvenile Justice to prepare an annual DUI report based on information received from the courts. "The new requirements for electronic reporting should make it possible for all of the justice courts to have the information they need to prevent this kind of thing," Tyler said. According to a Deseret News review of court records, Duran's first DUI arrest came in South Salt Lake in 1988. During the 1990s, he was arrested seven times for investigation of driving under the influence. The arrests came from several jurisdictions including Murray, Salt Lake County, Beaver, Bountiful and Sandy. In December 1999, Duran was convicted of DUI after causing an injury accident in Murray. Detective Rob Hall said Duran rear-ended a vehicle, which was then pushed into the bumper of another vehicle. Duran got out of his car and tried to run away from the scene but was chased down by officers, Hall said. In addition to his DUI convictions, Duran was arrested for investigation of having an open container in a vehicle in May 1994 and January 1997, intoxication in May 1994 and disorderly conduct in November 1995. Contributing: Angie Welling E-MAIL: preavy@desnews.com ; lucy@desnews.com World & Nation + Utah + Sports + Business + Opinion + Front Page © 2006 Deseret News Publishing Company

DUI Laws and DUI

California DUI Laws and Lawyer Guide California DUI Laws and DUI Lawyers California DUI Laws Felony DUI Probable Cause Presumption of BAC when Driving DUI Double Jeopardy CA DUI Penalties Home Detention Enhanced Penalties Finding A Good DUI Attorney License Suspensions California DMV Administrative Hearing Implied Consent The Officer's Warning Driving Symptoms Driving Studies Field Sobriety Tests Horizontal Gaze Nystagmus Validity of FSTs Breath-Alcohol Odor Blood-Alcohol Tests Breathalyzer Tests BAC Testing Machines Blood-Alcohol Levels Tolerance to Alcohol Miranda Advisements Insurance After a DUI DUI Search Help Home © 2002 All Rights Reserved "California DUI Laws and DUI Lawyers" , is a complete source of information about California DUI laws , California DUI attorneys and lawyers, penalties for driving under the influence, California DMV driver's license suspensions, breath alcohol tests, criminal courts, car insurance after a DUI California arrest and police investigative procedures. California DUI offers everything you need to know if you are arrested in California for driving under the influence of alcohol ( DUI ) — sometimes referred to as "drunk driving" or "driving while intoxicated" ( DWI ) — including answers to such common questions as: What crimes will I be charged with for a DUI in California ? What are the possible penalties for driving under the influence of alcohol ? Who are the best drunk driving lawyers in California? How can I save my driver's license ? How do those field sobriety tests work? Are those breath tests accurate? How can I estimate my blood-alcohol level ? What if I have a high tolerance to alcohol ? What happens if the police didn't read me my Miranda rights? What happens to my car insurance ? How can I get my driving record ? "What should I do if I'm stopped for drunk driving?" Nationally-known Southern California DUI attorney Lawrence Taylor, author of the legal textbook Drunk Driving Defense , 6th edition , offers 5 tips: Politely decline to answer questions without an attorney (only incriminating answers will be in the police report). Decline to take any field sobriety tests (not required by law and rarely helps you). Unless you are under 21, decline to take any handheld breath test not required by law. Agree to take a required "evidentiary" breath test (blood test if confident you are under .08%). Make sure your attorney calls the DMV Driver Safety Office within 10 days and demands a hearing to contest your license suspension. "Should I just plead guilty?" Atlanta attorney William C. Head, one of the foremost authorities in the country, explains the 5 myths and realities of defending against DWI charges today: Most people accused of this crime are guilty. Drunk driving is a minor offense. Any attorney can defend a person accused of DUI. These cases can't be won. DUI cases are just like any other criminal case. California DUI Attorneys Resource Center California-oriented legal megasite for lawyers and laymen, containing information and over 600 links. The Great .08 Debate Excellent discussion of the .08% blood-alcohol controversy, from noted New York attorney Ed Fiandach. MADD and Madder: Today's DUI Defense Bar is More Focused and Aggressive Than Ever Before Interesting article in the "American Bar Association Journal" reporting on the counter-offensive from increasingly specialized and technically sophisticated DWI Lawyers. The DUI Exception to the Constitution The continuing erosion of fairness and constitutional rights in drunk driving cases, from a lecture by a former Fulbright Professor of Law and nationally-known California DUI attorney. DUI Blog Commentary on the defects, fallacies and Constitutional damage of the "war on drunk driving". Southern California DUI Lawyers Helpful legal information from an 8-attorney law firm practicing DUI defense exclusively in Los Angeles , Orange County , Riverside and San Diego . DUI Resource Library for Judges Online links and materials for judges nationwide in understanding and dealing with drunk driving cases. FindLaw Nationwide resource for DUI issues generally. California DUI : A Drunk Driving Law Guide is intended to counter the political pressures of extremist groups such as MADD seeking the passage of unfair laws , the erosion of constitutional rights and the eventual return of prohibition. The National Motorists Association sets forth its positions on controversial drunk driving issues, such as unconstitutional roadblocks, overemphasis on breath alcohol tests, unfair criminal penalties and the imposition of "automatic" license suspensions. " Responsibility in DUI Laws, Inc. ", is an organization dedicated to reforming harsh and misdirected DUI laws. Please visit our local DUI information websites for Los Angeles County , Orange County , San Diego County , Riverside County and Ventura County . Websites for the following counties are under construction or in the planning stages: San Bernardino, Alameda, Contra Costa, Fresno, Imperial, Marin, Merced, Monterey, Napa, Sacramento, San Francisco, Santa Barbara, Santa Clara, Santa Cruz and Sonoma. Site Map | Link to Us Legal Disclaimer