News Stories

EXTRA: Are the state’s breath testing machines reliable?

By: Sara Dorsey, St.Petersburg, FloridaRobert Harrison, Defense AttorneyThey’re just going to stand on their box and say, ‘don’t worry, it’s working perfectly. Trust us.’ Well they’ve given us no reason to trust them. http://www.tampabays10.com/news/local/article.aspx?storyid=44495

Tampabays10.com – Tampa Bay’s 10 News – WTSP

John’s lawyer, Robert Harrison, took that question to the courts. Last year two other counties decided to exclude Intoxilyzer 5000 results from hundreds
/www.tampabays10.com/news/local/article.aspx?storyid=20951

FOX 13 Breath Tests on Trial

Judges toss out DUI test results

In this latest challenge, prosecutors could not convince judges that the Intoxilyzer 8000 measures alcohol in the breath at exactly the same wavelength in the infrared spectrum that the manufacturer says it does.

Without that, prosecutors cannot prove the machine is the same one approved for use in Florida, the judges ruled. And state law only requires drivers to submit to breath tests using an approved machine.

“These are the rules they need to follow to make sure they have a reliable machine,” said Venice defense attorney Robert Harrison, who has led the fight against the Intoxilyzer 8000s. “They can’t just pick any machine.” http://www.heraldtribune.com/article/20090623/ARTICLE/906231040

8 judges will rule on DUI machine

Defense lawyer Robert Harrison successfully led a similar court challenge this spring in the 12th Judicial Circuit, where he said two Sarasota County and two Manatee County judges have thrown out breath-test results in more than 100 cases. A fifth judge, from Sarasota County, has indicated she intends to render a similar ruling, he said. http://www.floridatoday.com/article/20090718/NEWS01/907180324/1006/8+judges+will+rule+on+DUI+machine

Breath test software challenges see mixed results

In Florida, hundreds of DUI cases that had been on hold for years are finally moving towards trial after an appellate court held that the manufacturer must turn over the source code for the Intoxilyzer 5000.

“If a computer program says my client committed a crime, then I am entitled to know how [the computer program] works, especially if the software is showing a lot of bugs,” said Robert N. Harrison, a sole practitioner in Venice, Fla. who is the lead attorney in those cases.
http://lawyersusaonline.com/index.cfm/archive/view/id/432770

Linux.com : Breathalyzer company refuses to turn over source code

Defense Attorney Robert Harrison, who represents several of the 156 defendants who could be affected by the outcome of the source code review, requested the
www.linux.com/articles/49570

US drink/drive laws could push open source – vnunet.com

said Robert Harrison, a lawyer representing some of the defendants. Releasing the source code of the device could take away any doubt about its
www.vnunet.com/vnunet/news/2144253/florida-court-friday-hear

Courage and justice; Victims’ willingness to come forward led to sex-abuse conviction

Justice prevailed only after Venice lawyer Robert Harrison, who represents one of the victims, discovered a 30-year-old statute

Drunk drivers granted access to breathalyser source code – vnunet.com

“The defendants have established that the source code is material to their But Robert Harrison, one of the defence attorneys, insisted that the state
www.vnunet.com/vnunet/news/2145410/judge-gets-bottom-possible

Police blotter: Closed-source breathalyzer on trial | CNET News.com

Who: Robert Harrison, an attorney in Venice, Fla., says he will ask the court to divulge the source code to the Intoxilyzer.
www.news.com/Police-blotter-Closed-source-breathalyzer-on-trial/2100-1028_3-5906042.html

Breathalyzer company refuses to turn over source code

Harrison said it was clear that either the software or the device itself, based on wide-ranging anecdotal evidence, may not be accurate in assessing a person’s blood alcohol level. http://www.azduiatty.com/breathalyzer-company-refuses-to-turn-over-source-code.htm

How does the Intox 5000 work? Nobody knows except that wizard in Kentucky and he won’t tell!

Harrison said earlier the manufacturer “blew off a subpoena” to show evidence why it should not show the Intoxilyzer software. http://georgecreal.com/blog/?p=10

The College Hill Independent

Robert Harrison, the lawyer representing the defendants, told vunet.com, Without seeing the source code [in the INTOXILYZER 5000], we do not know.”
www.brown.edu/Students/INDY/archives/2005-10-27/articles/news-laquer_wir.php

Venice Gondolier – 11/04/05

“The order states that the manufacturer must produce the source code to our expert within 15 days,” Venice attorney Robert Harrison said.
www.venicegondolier.com/NewsArchive3/110405/vn1.htm

Decision creates DUI hurdle County judges make it harder to use

Attorney Robert Harrison says the ruling is a victory for defendants. the shortcut can’t be used without the Intoxilyzer 5000’s software source code.
www.legalblews.com/node/5195

Firm ready to open up breath test

CMI’s refusal to disclose software ‘source code‘ has stalled DUI cases. and they can’t ignore that,” said Venice defense attorney Robert Harrison.
www.heraldtribune.com/article/20071006/NEWS/710060407/-1/RSS01

Groklaw – The Florida Breathalyzer/Source Code Cases

The maker of the Intoxilyzer 5000 breathalyzer, CMI Inc., has informed The State of Florida’s position was that if source code is confidential,
www.groklaw.net/articlebasic.php?story=20051105125531161

LawReader : Ky Resources : OUR MAIN – LAW DIGEST INDEX : DUI

Wednesday when they sided with Venice defense attorney Robert Harrison by giving the state 15 days to produce the machine’s source code for the defense.
www.lawreader.com/index.php/browse/node/5786.html

Cake Eater Chronicles: Pushing Back

They argue that they have a right to see the source code of the alcohol breath said Robert Harrison, a lawyer representing some of the defendants. cakeeaterchronicles.mu.nu/archives/128001.php

Do Not Look Behind the Curtain..

It is only reasonable to make the source code available, otherwise all you have is a said Robert Harrison, a lawyer representing some of the defendants.
www.thehighroad.org/archive/index.php/t-161782.html

Open Tech Press | 酒気検知器メーカーがソースコードの開示を拒否

このソースコード開示命令の結果が波及しうる裁判の被告は156名いるが、その一部を担当している弁護士Robert Harrisonは、州に対してIntoxilyzer
opentechpress.jp/article.pl?sid=05/11/10/0234211

PI: Alcool test? Solo se open source

… esige quindi che l’azienda produttrice degli etilometri Intoxilyzer, CMI, sostiene il legale Robert Harrison, che si domanda “come mai,
punto-informatico.it/p.aspx?i=1333398