Greatest DWI Defense EVER

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Administrator Since: Apr 03, 2002

Some schlep in Northfield, MN is demanding that the state turn over the SOURCE CODE for the program that runs the analyzer. The state says they have the product, but do not own the source, but, has an agreement with CMI (the company that programs it) that CMI will provide reps and info to any case that involves the credibility of the product.

So far judges are saying this guy has a right to review the source code, as it may be just a random number generator.

Can't wait to see how this turns out.

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Czar of Midi
Since: Apr 04, 2002

Aug 04, 2007 11:32 pm

So that means I can go get sloshed, get in my car and drive. Then just plead the analyzer is bunk and get off scott free.

I suppose though that it is possible, but don't they usually do a blood alcohol once in jail?

Chief Cook and Bottle Washer
Since: May 10, 2002

Aug 05, 2007 10:08 am

We the people need some form or recorse for this kind of Bull Crap! It only serves to drive up what we pay in taxes to support the whole circus. Operating a vehical with a diminishied capacity to do so is a blantent disregard for human life.

Since: Apr 03, 2002

Aug 05, 2007 10:22 am

Oh, I agree, driving under the influence is a BAD deal, people that do it needs serious punishment, I am not condoning it, I do, however, find this defensive tactic interesting.

Ne'er ate 'er
Since: Apr 05, 2006

Aug 10, 2007 12:51 am

He won the code.

Eat Spam before it eats YOU!!!
Since: May 11, 2002

Aug 10, 2007 01:09 am

the defense was trying to get a technicality for appeal and blew it by actually getting the source code. Their goal was to not get the source code after asking for it.

Their hope was that CMI (the maker if the breathalyser) would refuse to release it like they do in other states. However the agreement with that state transferred ownership of the source code to the state so CMI has nothing to do with the process.

A much better defense would be to keep a case in the car and when pulled over grab a sealed can and get out of the car and start drinking... (or at least remove the keys from the ignition) that way they can only prove public intoxication. - Yes, I know an attorney who suggests that...

Ne'er ate 'er
Since: Apr 05, 2006

Aug 10, 2007 01:22 am

Or just not drive ****-faced.

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