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Last Call for Breathalyzer?

Posted by Laura Calloway :: Chair, ABA TECHSHOW 2009

September 30, 2008

Every couple of days I try to scan the items in All Things Digital.  There are lots of them and they mostly cover products and news that's of interest to people heavily involved in the technology industry, but every once in a while I run across something that, in my view, at least, should be very interesting to practicing lawyers, too.

My most recent "legal find" there was a link to a piece by Nate Anderson, associate editor of Ars Technica, reporting on some DUI cases in Minnesota which had been thrown out by the courts. Defense attorneys had requested that the manufacturer produce the source code from the computers which run the Intoxilyzer 5000EN so that the accuracy of the machine's readings could be investigated and challenged.

Given the number of items with onboard computers with which people interact every day, the possibilities for lawyers to challenge results which we used to accept at face value boggle the mind.