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Intoxilyzer records admissible without live testimony (access required)

Published: April 16, 2012

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A drunk driving defendant’s Confrontation Clause rights were not violated by the admission of Intoxilyzer calibration records without the testimony of the technician who prepared them, the Mississippi Supreme Court has ruled in affirming a conviction.

Drunk driver may seek testing device’s source code (access required)

Published: July 6, 2011

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State law affords a drunk driving defendant the means to obtain from an out-of-state corporation the source code for the breath testing machine used in her arrest, the Georgia Supreme Court has ruled in reversing a conviction.

Fight over Intoxilyzer source code continues (access required)

By: Sylvia Hsieh
Published: September 16, 2009

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In the latest opinion over a hot-button DUI defense argument, a state supreme court has ruled that a drunk driving defendant is not entitled to inspect the source code for the Intoxilyzer breath machine by subpoenaing the manufacturer.

DUI defense attorneys pursue new argument (access required)

By: Sylvia Hsieh
Published: July 30, 2009

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Criminal defense attorneys are already taking advantage of a recent U.S. Supreme Court ruling to challenge breath test evidence of blood alcohol levels.

Federal court opens DWI machine’s code to scrutiny (access required)

By: Pat Murphy
Published: July 17, 2009

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The fight over the digital code that runs breath-test machines for suspected drunken drivers will shift into Minnesota courtrooms now that a federal judge has ruled, a prominent defense lawyer said. “It’s not over,” said Chuck Ramsay, one of the lead criminal defense lawyers in the fight against the settlement approved Thursday by U.S. District Court Judge Donovan Frank.

State has no duty to provide source code (access required)

By: Sylvia Hsieh
Published: April 9, 2009

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The state has no duty to provide a defense attorney with source code for the Intoxilyzer 8000, the Arizona Court of Appeals has ruled in reversing a trial court.

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