Drunk driving legalized-by-proxy in Florida

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In Seminole County, Florida, judges have dismissed numerous DUI cases due to the breath-alcohol testing machines' manufacturers refusing to disclose their operational details, including software source code. This has led to a significant drop in conviction rates, with some judges asserting that defendants have a right to access this information to ensure the accuracy and reliability of the tests. The discussion highlights a divide among judges, with some arguing that the state cannot provide information it does not possess, while others emphasize the necessity of transparency for fair trials. Participants express concerns about the implications of undisclosed machine operations, including potential biases and inaccuracies that could affect test results. The debate also touches on the broader legal principle that defendants should have access to all relevant evidence and methods used against them, reinforcing the need for accountability in the use of scientific instruments in legal contexts. Overall, the conversation underscores the tension between technological confidentiality and the rights of defendants in the judicial system.
  • #51
TheStatutoryApe said:
Any person accused of a crime has the right to know by what means they have been found guilty of commiting one and how reliable it is.
Please clarify what you mean by what right a person has.
 
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  • #52
U.S. legal conviction thresholds

BicycleTree said:
some reasonable doubt is permissible in an isolated case for a DUI charge
In the United States, reasonable doubt (not some reasonable doubt) is always (not sometimes) the threshold beyond which a person can be prosecuted for a crime.
 
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  • #53
Apparently at least some breathalyzers are not even fooled by oral feces.
http://www.newsoftheweird.com/archive/nw050529.html

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A DUI suspect (unnamed in a March Toronto Sun report) put a handful of his own feces in his mouth in a police station in what officers said was an attempt to foil a Breathalyzer test. Said an official, "I don't think alcohol alone would make you do (that)." Nonetheless, said police, the man, who had been stopped on Highway 11 near Barrie, Ontario, still registered double the threshold for impairment. [Toronto Sun, 3-30-05]
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  • #54
hitssquad said:
Apparently at least some breathalyzers are not even fooled by oral feces.
http://www.newsoftheweird.com/archive/nw050529.html

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A DUI suspect (unnamed in a March Toronto Sun report) put a handful of his own feces in his mouth in a police station in what officers said was an attempt to foil a Breathalyzer test. Said an official, "I don't think alcohol alone would make you do (that)." Nonetheless, said police, the man, who had been stopped on Highway 11 near Barrie, Ontario, still registered double the threshold for impairment. [Toronto Sun, 3-30-05]
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I'd have to agree that guy had more problems than inebriation impairing his judgement.
 

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