Intoxilyzer Code
I apparently missed this one. The Minnesota State Supreme Court has ruled that defendants in DWI cases do indeed have the right to confront their accusers in open court. Even when their accuser is a machine.
According to the Pioneer Press:
Minnesota may be forced to drop thousands of driving-while-impaired cases and change the way it prosecutes others in the wake of a state Supreme Court ruling Thursday, prosecutors and defense attorneys agreed. The state's highest court ruled that defendants in drunken-driving cases have the right to make prosecutors turn over the computer "source code" that runs the Intoxilyzer breath-testing device to determine whether the device's results are reliable.{...}
It would appear we have made some progress in the fight for the civil rights of those accused of drunk driving, no? The Constitution provides that you have the right to confront your accuser in open court, so this development is good, right? Even if it's a machine, you should have the right to confront it in court---in this case, by examining its code and checking that everything is kosher, and it produced the correct result---and the Minnesota Supreme Court said, yes, you do have that right. Everything is good here, right? The Constitution is being upheld, and everything should be coming up roses, right?
Well, that's where you'd be wrong.
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