Saturday, November 12, 2005

Hundreds of breathalyzer tests could be thrown out!

Tampa DUI Tests: "Hundreds of breathalyzer tests could be thrown out! By: Sara Dorsey Sarasota, Florida - He's asked us to conceal his identity because his case is still pending. But John, as we'll call him, was pulled over and charged with driving under the influence in Sarasota County last year."

Tampa DUI Attorney

Tampa DUI - Florida drink/drive laws could push open source

"Tom Sanders in California, vnunet.com 20 Oct 2005 A Florida court will hear arguments on Friday in a case where the accuracy of a breathalyser is being scrutinised because the manufacturer has refused to release the source code. Lawyers representing more than 150 defendants who have been charged for driving under the influence of alcohol in two Florida counties will file the request. They argue that they have a right to see the source code of the alcohol breath analyser that was used to determine their clients' guilt."

Tampa DUI Attorney

Tuesday, November 08, 2005

Driver Gets Probation In Fatal Crash - DUI Tampa

DUI Tampa - "[A young man] was sentenced today to six years' probation in a 2002 traffic crash that killed his 16-year- old passenger in a case beset with problems for prosecutors. [He] pleaded no contest to manslaughter by culpable negligence in the death of his friend. [He] had faced up to 15 years in prison. But authorities cited two factors in the lenient sentence: [The victim's] parents opposed jail time for [him] and prosecutors' key witness would have been a former Polk County sheriff's sergeant who is in prison for giving illegal medical exams. "

Sunday, November 06, 2005

DUI Tampa - Manslaughter fugitive extradited from Costa Rica

DUI Tampa Post - "WEST PALM BEACH - The gamble [he] took in 1998 by moving to Costa Rica to avoid prison ended when his plane landed in South Florida Wednesday.

The former Royal Palm Beach man arrived at the Miami International Airport about 4:30 p.m. and was shuttled to the Palm Beach County Jail. Before fleeing the country, he had received a 32 1/2 -year prison sentence for killing a Jupiter Farms woman and her daughter while he was driving drunk. "

Tampa DUI - Surprise court ruling threatens to nullify results of DUI tests

Tampa DUI Post - "VENICE -- In a decision that could throw out the use of alcohol-breath test results in Sarasota County drunken-driving cases, a panel of judges ruled that defendants are entitled to inspect the source code of the breath-testing machine's software, though the manufacturer has refused to divulge it."

Tampa DUI - Deputies to conduct sobriety checkpoints

Tampa DUI Post - PINELLAS COUNTY - Deputies with the Sheriff's Office will conduct sobriety checkpoints this weekend in conjunction with the National Highway Traffic Safety Administration DUI Sustained Enforcement Program known as 'You Drink and Drive. You Lose.'

The goal of a sobriety checkpoint is to reduce injuries and to save lives.

Checkpoints will be set up on Friday, Nov. 4, 8 to 11 p.m., at North Dunedin Baptist Church, 1595 Michigan Blvd., Dunedin, and on Saturday, Nov. 5, 12:30 a.m. to 3:30 a.m. at the Home Depot, 2495 Gulf to Bay, Clearwater.

Where: Friday, November 4th from 8:00 p.m. to 11:00 p.m. at the North Dunedin Baptist Church located at 1595 Michigan Boulevard in Dunedin.

The goal of the DUI Sustained Enforcement Program is to mobilize every law enforcement agency in the state of Florida in a continuing effort to keep families safe from one of the greatest threats to our communities - the impaired driver."

Tampa DUI Info - Law that covers loss of fetus still awaits test

Tampa DUI - "TAVARES -- Prosecutors decided Friday not to charge a drug-impaired motorist with DUI manslaughter for a summer crash that injured a pregnant woman who lost her baby -- a case once eyed as the first test of a new state law to protect unborn children."

Tampa DUI - Breathalyzer company refuses to turn over source code

Tampa DUI Post - "The maker of the Intoxilyzer 5000 breathalyzer, CMI Inc., has informed prosecutors involved in several DUI cases in Sarasota County, Florida, that it will not assist prosecutors in complying with a judicial order to allow an expert hired by defense attorneys to review the source code for software used in the device.

On November 2, a three-judge panel ordered prosecutors to hand over the source code within 15 days, or by November 17, in conjunction with a state law that says defendants have a right to all information about the operation of computerized devices used as evidence in court, including manuals, troubleshooting guides and, potentially, source code for software.

The case has received a lot of attention in the open source and technology communities, in many ways because it is being seen as compelling evidence that devices with the potential to affect individuals' freedom or liberty - such as breathalyzers used in DUI cases and electronic voting machines in elections - should utilize open source software and be available for any citizen to review. And while open source software would prevent the need for a court order, the case is really about knowing that software is doing what it is designed to do."

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