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San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer may help you.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI questions.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked San Diego DUI questions by other attorneys.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer may help you.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI questions.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked:

Q. What is the latest breath test machine under attack?

A seemingly routine drunken driving case involving a Framingham man could spell the end of a breath test used by cops statewide, if a judge goes along with a lawyer's claim that the booze detector cannot be proven accurate.

The Alcotest 7110 MKIII-C, which is used by Boston and Massachusetts State Police to check drivers' blood alcohol levels, has already been banned in four counties in New Jersey after questions over the device's accuracy.

Boston attorney Francisco Napolitano hopes Massachusetts will be next and is taking his case to a Brighton District Court judge today.


"When people's lives and liberty are hanging in the balance, we think the test is inappropriate, unless they give us some way of checking reliability," Napolitano said. "It should not be used."

At the heart of the issue is the device's "source code" -- the computer language used to program the Alcotest. The government has refused to turn over the code to Napolitano, which he argues is crucial to determining the unit's reliability. In New Jersey, the same refusal by prosecutors and Alcotest's manufacturer, Draeger Safety Inc., led a judge to ban the unit's use in several counties.

Napolitano has raised the issue as a defense tactic in the case of Kosongo Kosongo, a 25-year-old Framingham man nabbed for OUI in Brighton Dec. 18, 2005. Napolitano said Kosongo blew a 0.20 on the Alcotest but wants the results thrown out.

The hearing today will be to decide whether the government has to turn the source code over to Napolitano's experts or dismiss the case.

Prosecutors in Suffolk District Attorney Daniel Conley's office have cited copyright infringement concerns in refusing to release the computer codes, Napolitano said. The DA's spokesman could not be reached last night.

The case is believed to be the first Massachusetts challenge to the machine based on the emerging source code issue. If Napolitano wins, it could jeopardize use of the machine statewide and put hundreds -- if not thousands -- of OUI convictions at risk.

A spokeswoman at Draeger's Pittsburgh headquarters could not be reached.