You don’t think it will work?
Honestly, Loach, I don’t think it would work. You might occasionally find a judge who would work with something like that in a small speeding ticket or if you were ticketed for running a stop sign that had been put in the day before, but for something as serious as a DWI the judge is more likely to throw the book at you than let you go. You would have to have something a lot better than, “Well, I couldn’t get the software coding so it might not have been working properly!” to have him say that you shouldn’t be punished to the full extent of the law.
Of course YMMV and now that I have said that someone will come in and say that they got their entire case reversed in that exact scenario but generally speaking a DWI is considered a major violation, not a minor one, and is treated as such.
pbbth, since Loach is a cop, I have a sneaking suspicion that he was being sarcastic. 
Unless of course you were too and I got major league whooshed…
[nitpick]
I don’t think that word means what you think it means … 
[/nitpick]
:smack:
I forgot Loach was a cop.
No news as of yet. If it takes a while, I’ll either start a new thread, or bump this one if it’s not a zombie by the time this is resolved.
Sleeps With Butterflies, I certainly don’t consider your post thread shitting. You express your experiences and opinions and that’s exactly what this forum is for. I appreciate your honest post.
Just a little sarcastic. I do that sometimes.
As for looking at the source code for the Alcotest: I can’t say how things were done in other states but I will assume something similar happened. Here when they switched over from the old breathalyzer to the new Alcotest they didn’t just start using the new machine without thought. After the initial research and selection the new machine was used along side the old machine in select locations. Once a large enough pool of data was compiled then it was fielded in greater numbers. Then the state waited for a defense attorney to make a challenge on scientific grounds. They were waiting for a test case to go to a higher court. That happened with State v. Chun. Chun still isn’t completely resolved but during the process the manufacturer had to use their experts to explain the accuracy to the court. Including all of the software and hardware. The defense of course countered with their witnesses. When Chun is finalized then the accuracy of the machine will be established as legal precedent within the state. If a lawyer attempts to dig into the software of the machine the judge won’t even listen to that argument. It has been beat to death already in the Chun case.