In my last post, I indicated that the Arizona Judge reversed her earlier ruling that the manufacturer of the breath machine used in that state, CMI, Inc., had to turn over the software for inspection by the defense. The reversal was based upon the fact that CMI was headquartered in Kentucky, and since they did not do business in Arizona, they were not subject to the Arizona courts’ jurisdiction.
Tucson, AZ. Jan. 12 — A Pima County Superior Court judge who ordered a Kentucky firm to divulge the software code of its alcohol breath-test machine has rescinded her order, saying she doesn’t have jurisdiction to rule.
Judge Deborah Bernini said in a ruling issued Monday that CMI Inc. of Owensboro, Ky., isn’t authorized to do business in Arizona.
Therefore, her orders in a local case don’t extend beyond the state’s borders.
Shortly thereafter, I received an email from a reader pointing out the obvious…
If part of her reasoning to rescind her previous order is based on this statement, how is it that they are allowed to sell the machines to the State in the first place? How can that not be be considered doing business regardless of where their manufacturing facility is. They send a product to an Arizona entity, who in turn sends them a check. Thats doing business… This just doesn’t make sense to me (actually I shouldn’t be surprised because most of the rulings in the DUI realm defy all logic anyway).
(Thanks to David Baker.)