8.12.2007

DUI defense: Demand the source code


Doubts arise over fate of breathalyzer source code in Minn. case

Excerpt:

An attorney for a Minnesota man accused of drunken driving says he doesn't think the manufacturer of a breathalyzer will meet a court-imposed deadline of August 17 to turn over its source code.

If that happens, his client could go free.

As CNET News.com reported earlier this week, the Minnesota Supreme Court ruled late last month that source code for the Intoxilyzer 5000EN, made by a Kentucky-based company called CMI, must be handed to defense attorneys for use in a case involving charges of third-degree DUI against a man named Dale Lee Underdahl. CMI's historic resistance to such demands has led to charges being dropped in at least one case outside of Minnesota.

Comment: The Minnesota Supreme Court opened the proverbial "can of worms"!

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