I don’t know whether I should cry or laugh, but it appears that a few DUI drivers might get of the hook because the court thinks that they should be able to get an expert to examine the source code for the breathalyzer and the manufacturer refuse to provide them.
Do we really need the source code? I don’t know. I do think a black-box testing would had been suffice. After all, all they do is to measure breathe alcohol level. That should be easy to determine by putting the device through its pace using real breathe samples with known alcohol level.
I am pretty sure things are more complicated or otherwise the Appeal Judge would not had upheld the lower court ruling. Of course I agree that manufacturer must prove in court that their equipment do what it does. If they cannot, then the equipment’s finding cannot be admitted. Otherwise, anyone wants my supercool breathalyzer? Trade secret: random generator.