It has been recently reported that the Second District Court of Appeal will affirm the order of a County Court judge in Sarasota, Florida, directing CMI to disclose the source code for the Intoxlizer 8000.
I have posted on occasion and released to the press ongoing developments with this issue. As will be recalled, CMI, Inc., is the manufacturer of the Intoxilyzer in all its manifestations. For years DUI lawyers and DUI defense attorneys, including myself as a Miami-Dade, Broward County DUI defense lawyer, and Palm Beach DUI defense attorney have sought to have the company disclose the source code for the Intoxlizyer.
The source code is the computer language or code that instructs the Intoxilzyer how to perfrom a breath test. This code contains invaluable analytical information. This information, in turn, can be used to demonstrate flaws in the analytical method used by the machine. Once these flaws are shown to exist the admissibility of breath test results can be questioned. As a Fort Lauderdale DUI defense lawyer this information is critical to my clients.
As a Broward County DUI defense attorney I have continually attempted to persude the judges of Broward County that this information should be disclosed. Most judges have agreed with me, but have sided with the state attorney in concluding that the information is a legally protected trade secret.
In taking DUI arrests in Miami-Dade and acting as a Miami-Dade County DUI defense attorney I have also tried to persuade judges in Miami to do the same. Likewise, for Palm Beach DUI arrests and as a Palm Beach County Dui defense lawyer.
Judges throughout the State of Florida have time and again concluded that the information cannot be disclosed because it is a trade secret. THAT HAS ALL CHANGED NOW.
In light of this recent development I can move forward in my DUI cases statewide and request that the information be disclosed. Once recieved it can be evaluated by defense experts who will explain its significance and impact on breath results obtained from Miami-Dade County DUI arrests, Broward County DUI arrests and Palm Beach County DUI arrests. As well as statewide.
