The Source Code sunami continues.  A Tucson Arizona Judge added himself to the ranks of the righteous by ruling that source code secrecy is both unfair and un-American.  The Judge's ruling affects over 49 DUI cases and adds more speculation to the ranks of those who wonder what CMI, Inc. and the Intoxilyzer has to hide.  The ruling was reported by Azcentral.com.  

Georgia DUI Courts have not ruled that Intoxilyzer source code is available or not under the DUI Full information provisions of O.C.G.A. 40-6-392(a)(4)(which provides, "Upon the request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or his attorney.").   However, in Hill v. State, A08A0726,May 15, 2008,  the Georgia Court of Appeals held that the DUI source code was not available under O.C.G.A.  17-16-23, the Georgia General Criminal Discovery statute as a scientific report under the guise that the State does not possess the  DUI source code.  ( Query: if  you possess the DUI breath machine, how can you not possess the DUI source code? its in the DUI breath machine?  It might not be typed out on a sheet of white paper in your in box, but you possess it?). 

The only rational conclusion coming out of Hill v. State is that  either the HIll DUI Attorney did not argue DUI Full Information or the Georgia Court of Appeals is playing legal twister to avoid directly addressing the implications of "Full Information" under O.C.G.A. 40-6-392(a)(4).

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