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DUI results tossed out due to hidden source code -- why not elections?

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AtLiberty Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-15-05 08:35 AM
Original message
DUI results tossed out due to hidden source code -- why not elections?
I posted this three months ago and believe it's worth revisiting.

If DUI results can be tossed out for lack of a source code, why can't election results?

DUI Defendants Skip Charge By Asking How Test Works

The Associated Press
Published: Jun 5, 2005


SANFORD - Hundreds of cases involving breath-alcohol tests have been thrown out by Seminole County judges in the past five months because the test's manufacturer will not disclose how the machines work.

All four of Seminole County's criminal judges have been using a standard that if a DUI defendant asks for a key piece of information about how the machine works - its software source code, for instance - and the state cannot provide it, the breath test is rejected, the Orlando Sentinel reported Wednesday...

http://tampatrib.com/floridametronews/MGBUBJ5QK9E.html
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hobbit709 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-15-05 08:47 AM
Response to Original message
1. Can you say
MONEY AND POWER?
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AtLiberty Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-15-05 08:50 AM
Response to Original message
2. I'm not talking about the US Supreme Court here...
Not yet, anyway...

I'm talking about a lawsuit on a state or local level...
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Clark2008 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-15-05 08:51 AM
Response to Original message
3. Can you send this to the attorneys in Ohio who are
working on the election suits?

Can someone here help us determine who those attorneys are, now? There's been so little news, I don't remember.

But, this case in Florida could set precedent for the Ohio election case. Seriously, because a similiar incident has been ruled upon in another state. It may ultimately end up in the Supreme Court (where it probably won't do any good, because the court will be stacked with corporate lackeys, but, hey, at least it would get some press).
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Land Shark Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-15-05 08:58 AM
Response to Original message
4. Standards for civil and criminal actions can differ
and tossing out "election results" may be available only under restrictive election contest statutes with short statutes of limitation, in many states. But this theory is an interesting one, and could be used in different ways, probably.

It's the secrecy thing.
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garybeck Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Sep-15-05 01:22 PM
Response to Original message
5. nominated
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