Wednesday, October 19, 2011

DUI Law - Florida Court Refuses Source Code Subpoena

This case comes to DAD from the watchful eyes of Bubba Head. NCDD member Mike Snure's firm was involved. In CMI Inc. v. Ulloa, --- So.3d ----, 2011 WL 4102296 (Fla.App. 5 Dist.), 36 Fla. L. Weekly D2044, the manufacturer of the Intoxilyzer 5000 and 8000 breath testing machines challenged the county court decisions in the underlying prosecutions of several defendants for driving under the influence of alcohol (DUI), denying manufacturer's motions to quash subpoenas duces tecum, and seeking to require production of computer source code for manufacturer's machines, which subpoenas had been served on the manufacturer's registered agent in the state of Florida v. Kentucky.

The appellate court held that the defendants could not obtain documents containing source code simply by serving subpoenas duces tecum on the manufacturer's registered agent in state. This case is in direct contradiction to the other Florida case of CMI, Inc. v. Landrum, 64 So.3d 693 (Fla. 2d DCA 2010), review denied, 54 So.3d 973 (Fla.2011). it also contradicts the Georgia case of Yeary v. State, --- S.E.2d ----, 2011 WL 2436664 (Ga.).

Looks like the Florida Supreme Court will have to settle the issue after all....

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