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MINNESOTA SUPREME COURT ORDERS INTOXILYZER MANUFACTURER CMI TO TURN OVER SOURCE CODE TO DEFENDANT

By Stephen J. Isaacs, Esq.

    In this case,  Dale Lee Underdahl was arrested for driving while intoxicated (DUI) and submitted to a breath test using the Minnesota model of the Intoxilyzer 5000EN. At his implied consent hearing, Underdahl made a discovery motion, by his attorney, that included, among the items sought, the "complete computer source code for the Intoxilyzer 5000EN currently in use in the State of Minnesota ?     In response to Underdahl's defense attorney?s request that the Minnesota Commissioner of Public Safety provide the complete computer source code for the operation of the Intoxilyzer 5000EN so he could properly defend his client, a Minnesota District Court ordered the Commissioner of Public Safety to provide the defense counsel with an operational Intoxilyzer 5000EN instrument and the complete computer source code for the operation of the Intoxilyzer 5000EN...continue to full post

Full post as published by Kentucky DUI Defense Lawyer on February 13, 2008 (boomark / email).