For every new software product there are the inevitable bugs, patches and updates. In time, errors creep into — or already exist in — their operation and conflicts with other programs or versions emerge. These are common occurrences that all computer users have learned to accept. But errors are unacceptable when a piece of software is used to operate a breath-testing device or any technology with forensic potential.
More fundamentally, does the software that operates these tools do what it claims? Due process demands that defendants have the opportunity to examine the programs that run the machinery of scientific testing.
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