Law Office of Kenneth E. Crocken

A defendant has a right to all evidence that may tend to negate guilt or punishment for a crime, including DUI. In Seminole County, Florida, judges are dismissing DUI cases because the state prosecutors are not turning over evidence, specifically the source code of the software that runs the Intoxilyzer 5000 (the breath-alcohol testing machine).

With computers there is a saying, "Garbage in, garbage out." If the code that runs the software controlling the BAC test is bad, the results will not be accurate.

The State argues that it can not get the source code, that it is a trade secret of the company that produces the machine. Essentially it seems the state is saying that the protection of the private company's trade secret is more important than the guilt or innocence of a citizen.

The odd thing is that Florida apparently just negotiated a new $2 million deal for high-tech breath alcohol machines, however, failed to get the source code.

Other counties in Florida have ruled that the Defendant's are not entitled to the source code, so the issue is unresolved.

A search of Maryland cases did not produce any results. As such, it seems that it would be an issue of first impression in Maryland if a case went to the Court of Special Appeals or Court of Appeals.


New DUI machine has same old flaw - OrlandoSentinel.com: Seminole County News [online](2005). (September 9, 2005).