Breath-Test Ruling Jeopardizes Thousands of State DWI Cases
Â
Minneapolis, MN. May 1 –Minnesota may be forced to drop thousands of driving-while-impaired cases and change the way it prosecutes others in the wake of a state Supreme Court ruling Thursday, prosecutors and defense attorneys agreed.
The state’s highest court ruled that defendants in drunken-driving cases have the right to make prosecutors turn over the computer “source code” that runs the Intoxilyzer breath-testing device to determine whether the device’s results are reliable.
But there’s a problem: Prosecutors can’t turn over the code because they don’t have it.
The Kentucky company that makes the Intoxilyzer says the code is a trade secret and has refused to release it, thus complicating DWI prosecutions…
The Intoxilyzer 5000EN is the standard device used by Minnesota police to determine if a driver is impaired. The state bought 260 of the machines from the manufacturer, CMI of Kentucky, in 1997, and state law presumes the devices’ results to be reliable.
The device is used with nearly eight of every 10 suspected drunken drivers who are tested in Minnesota.
But defense attorneys have argued that if they can’t examine the source code, the computer program that runs the machine, they have no way to tell if the Intoxilyzer is reliable. District judges across Minnesota have handled defense requests for the source code with a patchwork of rulings: Some say a defendant has a right to examine it; others say it isn’t relevant…
The Supreme Court said (defendant Brunner’s evidence) “show that an analysis of the source code may reveal deficiencies that could challenge the reliability of the Intoxilyzer and, in turn, would relate to Brunner’s guilt or innocence.”
Â
For more information, visit our website www.duilawdefense.com
Comments
Leave a Reply
Categories
Recommended Professionals
- Alan Lerner, AIA
- Albert Bordas, Esq.
- Avandia Lawsuit Attorney
- Bellisima Bridals
- Best Pest Control
- Coconut Grove Bank
- Dania Fernandez, Esq.-Real Estate Attorney
- Heaven Sent Promotions
- Jessica Wilcox-Coupon Promotions
- John Sklavounos – National Tech Express, Inc.
- Jon Bragman-Gemologist and Estate Appraiser
- Lance Balding-Credit Card Processing
- Laura Steckler – Financial Planner
- Leeds (UK) Divorce Solicitor
- Maria Aquino-Maghak-Licensed Insurance Agent
- Minnesota Criminal Lawyers
- Minnesota DWI Lawyer
- Minnesota DWI Lawyers and Attorneys
- Missi Smith-Health Care Products
- Pamely Moseley Mayers-Realtor with EWM
- Photography by Ada Stevens
- Precision Personal Training
- Premium Cleaners
- Roberto Espinoza – CPC Computer Consultants – Web Development & Hosting
- Ulisses Herran, Esq.- Bankruptcy Attorney
- Vicki Brail, LCSW
- Victor Estevez, Chiropractor
Recommended Websites
- Avandia Lawsuit Attorney
- AVVO
- Background Checks For Landlords, Criminal Records and Sex Offenders
- Crimelawyers.Org
- DUILawDefense.com
- Facebook Profile
- Florida Circuit Courts – Links to the Florida Circuit Court web sites.
- Florida County Clerks – List of County Clerk web sites for the State of Florida.
- Florida County Courts – Description of the County Courts
- Florida Department of Highway Safety and Motor Vehicles web site.
- Florida District Courts – Listing of Florida District Courts
- Florida Supreme Court – Information about the Supreme Court of Florida
- Local.Com
- Miami-Dade Clerk of Courts
- NOLO PRESS
- Nolo Press Profile
- WebAtlantis
- YAHOO!
Archives
- February 2010 (1)
- January 2010 (4)
- December 2009 (4)
- November 2009 (2)
- October 2009 (7)
- September 2009 (5)
- August 2009 (8)
- July 2009 (5)
- June 2009 (6)
- May 2009 (3)
- April 2009 (4)
- February 2009 (1)
- January 2009 (2)
- November 2008 (1)
- October 2008 (3)
- September 2008 (4)
- August 2008 (5)
- July 2008 (10)
Office Address
9150 South Dadeland Boulevard
Dadeland Centre II,
Suite 1010
Miami, FL 33156
Telephone Numbers
Office 305.670.1800
Mobile 305.321.3237
Fax Number
Fax 305.670.4827
Email Address
blecherj
hotmail.com
Note: This website is a legal advertisement for a Florida law office. The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you decide , ask us to send you free written information about our qualifications and experience.
Disclaimer: This web site has been designed to provide educational information only and is not intended to offer legal advice. Every case is unique and outcomes will vary depending upon the facts and legal issues of your case. Please do not make any decisions about any legal matter without consulting with an attorney first. There is no Attorney Client relationship formed by any use of the information provided.
designed & optimized by Miami Web Design -cpccci.com & hosted by Miami Web Hosting - cpcwebsolutions.com
