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Nothing Much Shocking about Shockley

The court of appeals ruled this week in State v. Shockley that alcohol concentration readings from two of four attempted breath samples collected within 18 minutes of one another met the “consecutively administered tests” requirement for admissibility of a chemical analysis pursuant to former G.S. 20-139.1(b3).  (As amended in 2006, the provision now requires “at … Read more

Breathalyzer Source Code

Once again, my interest in criminal law and my interest in technology have come together in a brewing legal controversy.  The issue is whether a DWI defendant who has submitted to a breath test for alcohol has a right to access the “source code” of the breath analysis machine.  The Minnesota Supreme Court, in State … Read more