Minnesota DWI Defense Blog : Roseville DUI Defense Lawyer & Attorney : Ramsay Law Firm : Minneapolis, St. Paul, Minnesota

                                             Drivers enter DWI Breath Test Battle

    On November 6, 2008 Federal Judge Donovan Frank gave permission to Minnesota drivers accused of DUI to become parties in the ongoing lawsuit between the State of Minnesota and CMI, Inc. of Kentucky, the manufacturer of the Intoxilyzer 5000. The Judge’s order reverses an earlier court ruling that denied individuals any part in federal suit.

    The Court noted that under normal circumstances, governmental agencies are capable of protecting citizens’ rights and interests.  Under the unusual circumstances of the Source Code litigation, however, the Court found the Minnesota Attorney General could not represent the interests of Minnesota drivers.

    Last week, Minnesota attorney Charles A. Ramsay submitted mountains of accumulated evidence on the drivers’ behalf.  The documents exposed that the State of Minnesota refused to fix known bugs in the software that operates the Intoxilyzer 5000.

    As a result of this order, Minnesota citizens finally have the right to inspect the software of the Intoxilyzer 5000 free from the limitations previously imposed by the State and CMI.  We have posted Judge Frank's order on our website.
    Stay tuned for more information on this rapidly developing story...

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We're fighting to expose Minnesota's source code lawsuit for the sham it is.  To be successful, we need the help of the country's top experts.  One of the most valuable team members is Tom Workman from Boston, Massachusetts. 

Last week I filed Mr. Workman's declaration with the federal court.  It is a real eye-opener:

1.      Under normal circumstances an expert would need about three months to examine the Intoxilyzer’s source code. But, under the limitations of the proposed settlement, the same expert would need 30 years to conduct the same examination!

2.      Known Fatal flaws in the Minnesota Software have and continue to produce erroneous results. The state crime lab is aware of the bugs in the source code, yet has refused to install the corrected version provided by CMI.

3.      An expert in copyright law, Mr. Workman demonstrates how CMI transferred ownership of the software to the State of Minnesota under the original contract.

4.      Federal patent statutes prevent CMI from asserting the software is a trade secret without violating federal law.

I’ve posted Mr. Workman’s sworn declaration here.  

The Minnesota Source Code War would not be possible without the resolve of the members of the Minnesota Society for Criminal Justice; my dedicated staff at Charles A. Ramsay & Associates, PLLC; and Thomas Workman. Also, thanks to Attorney Ryan Garry for generously donating his time and expertise. Please obtain Mr. Workman’s permission before using his declaration.

Check back soon for more information, documents and analysis as the Minnesota Source Code War continues to rage …

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Minnesota's breath test machine's software is broken.   Roseville attorney Chuck Ramsay has exposed bugs in the source code, and is fighting for the right to have experts independently examine the software.  The state of Minnesota and CMI, the breath test manufacturer, are fighting to keep it a secret.

Last week Fox9 ran a news story of the Intoxilyzer source code battle.

Last week the Minnesota Commissioner of Public Safety, CMI -- the Intoxilyzer manufacturer, and my firm filed more documents in federal court. 

CMI and the Minnesota Attorney General are asking a federal judge to issue a permanent injunction to keep drivers' experts from independently reviewing the Intoxilyzer software. 

What are they afraid of?

Look for the federal source code lawsuit documents for reading and download on my website by the end of the week. 

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The media is beginning to recognize the significance of Minnesota's broken Intoxilyzers -- innocent people are losing their licenses, their way of life and their freedom.

CBS affiliate, WCCO, broadcast a story of one of our firm's clients. The Minnesota breath test machine erroneously reported "CW" had refused to submit to a breath test.  As a result, under Minnesota law, she lost her license for one year and now faces criminal charges that impose four times the amount of jail than if she had failed the test (over .08).

The reason for the erroneous test results:  the machine's software contains bugs.  State officials and CMI, the manufacturer, are fighting to keep us from examining the source code. 

See WCCO's story below, and the the blog entries about the source code battle and proof of some of the fatally flawed software.

The only way to ensure justice for Minnesotans is to immediately stop all breath testing in Minnesota until the problem is corrected. 

Contact Chuck Ramsay immediately if the state is attempting to use the Minnesota Intoxilyzer to take your license or send you to jail.

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