Mothers Against Closed Source Software?
What's going on in Seminole is unusual. Nowhere else are judges throwing out virtually every breath test that comes before them.
That's because all four Seminole County criminal judges now use the same standard: If a DUI defendant asks for a key piece of information about how the machine works -- its software source code -- and the state can't provide it, the breath test is rejected.
Seminole judges are all following the lead of Seminole County Judge Donald Marblestone, who in January ruled, though the information may be a trade secret and controlled by a private contractor, defendants are entitled to it.