Two years ago, defense attorneys challenged the admissibility of Intoxilyzer 5000 results because they could not test its accuracy without the source code. CMI, the manufacturer of the Intoxilyzer, concluded that the source code was a trade secret and refused to turn over the code. Judge Henderson determined that even though the source code was a trade secret, CMI’s refusal to turn over the source code constituted a violation of the defendants’ due process rights. Judge Henderson announced on January 13th that the appellate court affirmed his ruling.
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