Wednesday, July 19, 2006

The Source Code Fight

The Florida Department of Law Enforcement (FDLE) is the State Agency responsible for maintaining the Implied Consent Program. The Implied Consent Program concerns the use of breath and blood tests in the prosecution of DUIs.

In laymen's terms what this means is this agency decides what breath and blood tests are used in DUI cases; what electronic and computer devices are purchased in aid of the tests; the maintainence and calibration of those devices; how those tests are administered; and how those tests are interpreted in a DUI case.

Can any other agency, group or organization have more power regarding DUI prosecution than the FDLE?

One would think that a part of the government--and let us not forget that in the United States the government is "by the people, of the people and for the people"--with such authority and responsibility would diligently observe every requirement placed upon it and work to ensure that breath and blood tests were as accurate as they possibly could be. Afterall, the liberty of human beings is at stake.

So then why is it that the head of the Implied Consent Program, Laura Barfield, appears to be doing everything in her power to deny those accused of committing DUI with the opportunity to know if the machines--the Intoxilyzer 5000 and 8000 manufactured by CMI, Inc.--are indeed accurate and reliable?

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