What is a Breath Test Machine's "Source Code" and why California DUI defense
attorneys should be entitled to it:
California DUI breath test machines are controlled by software. Source
code is the human readable representation of the software. Source code
is converted to the instructions that control the California DUI breath
test machine by a computer program called a compiler.
Once compiled, the software has no ambiguities, unlike works written in
a natural language.
Compared to traditional machines (voting, radar, etc.), a breath test
manufacturer’s machine is different in every legal jurisdiction.
These differences deal with different test procedures, regulations and
laws. Requirements change in each state every 1 to 2 years due to statutory
changes, frequently with requests from breath test agency change requests.
It is impossible to validate that a California DUI breath test machine
test was properly offered to a California citizen.
Most states do not log all activity on their machines. When states do
log activity, the agencies responsible for managing the programs do not
have the expertise to understand what is logged. The Source Code is believed
to discard the critical measurements that lead to the computed answer.
California DUI breath test machines do not show how they work.
The failure of the California DUI breath test machines to show their work,
the failure to preserve the California DUI breath sample, and the failure
to preserve the California DUI breath test machine's testing process,
means that the only method to verify the science of the California DUI
breath test machines breath test is to review what the machine did. This
can be accomplished only through an analysis of the California DUI breath
test machine's source code.
All complex software has defects or failures. When defects are encountered
while the software is executed, faults can occur. When faults occur, they
sometimes cause visible errors, referred to as failures. Industry norms
can be used to estimate the number of defects, e.g. 50 defects per 1,000
lines of source code. When the California DUI breath test machine's manufacturer
fixes a problem, the error reinsertion rate will establish the probability
that a new error is introduced.
It is time to speak up when the California State Legislature establishes
requirements that violate the basic principles of science. It is time
to demand that the same standards and policies that are used to design
medical and military systems be employed in the design of machines that
can take a citizen’s liberty. It is time to speak out when a California
DUI breath test machine manufacturer employs intellectually dishonest
methods to hide known defective processes. In science as in law, sunlight
is the best disinfectant. Do not let the California DUI breath test machine
manufacturer or the state hide behind a curtain.
A scientific formula means nothing if the California DUI breath test machine's
source code does not faithfully implement the science. Full logging of
all calculations and work of the California DUI breath test machines should
be the basic requirement for any scientific endorsement of the California
DUI breath test machines. California citizens deserve California DUI breath
test machines that are the best that can be built and used, and that work
correctly.
California DUI defense lawyers should demand nothing less. When the source
code is analyzed, the quality of California DUI breath testing will either
be improved vastly, or the California DUI breath test machines will be
declared unfit for use.
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