DUI Cases Thrown Out Due to Closed-Source Breathalyzer

Really:

Hundreds of cases involving breath-alcohol tests have been thrown out by Seminole County judges in the past five months because the test’s manufacturer will not disclose how the machines work.

I think this is huge. (Think of the implications for voting systems, for one.) And it’s the right decision. Throughout history, the government has had to make the choice: prosecute, or keep your investigative methods secret. They couldn’t have both. If they wanted to keep their methods secret, they had to give up on prosecution.

People have the right to confront their accuser. And people have the right to a public trial. This is the correct decision, and we are all safer because of it.

Posted on September 16, 2005 at 6:46 AM • 72 Comments