Source Code Defense Dead For DUI cases?
- Monday, 15 July 2013 07:30
Recently, the Georgia Supreme Court has resolved the source code
issue brought up with Cronkite v. The State
case. DUI defense lawyers
in Georgia have been filing motions to secure out-of-state witnesses from CMI Alcoblow Breath Test to bring the source code software to Georgia for inspection of errors and flaws.
The source code is the software that operates the Intox. 5000 breath test, which measures an individual’s blood alcohol content
. To get an order for an out-of-state witness, the proponent of the subpoena must show that the witness is a “material witness”. A material witness is defined as “a witness who can testify about matters having some logical connection with consequential facts”.
The Supreme Court holds that, in order to show that the out-of-state witness who was to provide testimony regarding the source code was a “material witness” in this case; Cronkite was required to show the witness’ testimony regarding the source code bore a logical connection to facts supporting the existence of an error in his breath test results.
In other words, the Court places the burden on the Defendant in a DUI case to show facts which would support the existence of a possible error in his specific breath test results.
How in the world a Defendant would ever be capable of doing that is beyond me, and apparently is beyond the folks down at the Ga. Supreme Court as well.
To learn more about DUIs, or if you are in need of legal representation for other traffic violations, please contact MRGADUI
. Don’t forget to connect with attorney Mickey Roberts on Facebook
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for the latest DUI news.
Hines Ward’s Recent DUI Sheds Light on Wrong and Right Ways to Deal with DUI
- Friday, 22 July 2011 09:02
Pittsburgh Steelers wide receiver and Dancing with the Stars Champion Hines Ward was recently in the news after he was arrested in DeKalb County for allegedly driving under the influence
. He was pulled over after swerving and hitting a curb. According to the police report, Ward smelled like alcohol and performed poorly on field sobriety tests including the portable breath test and balance tests. He was released from custody after posting bail, and is now dealing with the consequences of DUI allegations including potential suspension from his position in the NFL and media backlash against another athlete in trouble.
While Ward’s case is highlighted because he is a public figure, there are aspects of his case that can help others in the same situation. The first step in avoiding a DUI arrest is prevention. Make plans to have a designated driver or cab come pick you up after a night of drinking.
First, Ward should not have submitted to any of the roadside field tests. If you are stopped and suspected of DUI in the state of Georgia, you are not legally required to take any field sobriety tests
. Therefore, you should never submit to any roadside field sobriety tests including the horizontal gaze, walk-and-turn, or one-leg-stand tests. At a hearing or trial, the officer who initially pulled Ward over will be able to use these roadside field tests against Ward as proof of Ward’s inability to operate a car safely.
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2 HUGE DUI Decisions out today
- Monday, 20 June 2011 13:29
The Georgia Supreme Court issued rulings in 2 cases today involving the issue of whether the manufacturer of Georgia’s breath machine
can be subpoenaed to court. The manufacturer, CMI, is based in Kentucky. Defense lawyers have sought to subpoena the “source code” for the Intox 5000. The source code is the software which runs the Intox. Georgia prosecutors have always fought any request that the software be provided to see if the machine was working properly.
The only avenue for a defendant to obtain the software was to request that a subpoena issue asking CMI’s representative to appear in a Georgia court and bring the software with them. In one case,
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