A Judge in Tucson, Arizona has ordered the prosecution to get the Intoxilyzer source code from CMI, and produce it in electronic form so that it may be tested. The Tucson Citizen reported as follows:
“Every lawyer in this room should be concerned about CMI’s unwillingness to follow the court’s order,” Bernini said.
Bernini said CMI must hand over its source code in electronic form by Nov. 10.
CMI has a policy of releasing the source code in a printout if the recipient agrees not to release it to anyone else.
Defense attorneys asked for – and Bernini ordered – the source code in electronic form so they can test its veracity.
“This information would be available with ease in an email,” Bernini said Monday.
From all appearances, it seems that the attorneys involved in this case handled it expertly. This case may be on its way to setting a national benchmark.
My prediction is that the ruling holds up, CMI refuses to turn over the source code and Arizona ceases use of the Intoxilyzer all together within 2-3 years. CMI has dug itself a huge hold, and their only alternative may be to fold and reemerge under another corporate entity or structure.
If, as the lead attorney in the case speculates in the article, CMI knows that it is hiding something in the source code, then they would be wise not to divulge it and fold instead.
