MSCJ COORDINATING BREATH TEST SOURCE CODE ANALYSIS

Posted on July 20, 2009 by Chuck Ramsay

In order to make a proper analysis concerning the Source Code for the Intoxilyzer 5000, defense attorneys must send an independent analyst to Owensboro, Ky.  On July 18th, 2009 the Minnesota Society for Criminal Justice (MSCJ) unanimously voted to coordinate efforts to retain experts to travel to CMI headquarters.  Specific details concerning the initial analysis through eventual issuance of a final report are still being determined.  In the meantime, MSCJ is sending letters to the chief judge for each district court in Minnesota, asking for their cooperation in scheduling criminal and implied consent cases due to the time sensitive nature of the source code analysis.  The analysis is expected to reasonably take approximately 180 days.

If you would like to view a sample letter that is being sent to each district court in Minnesota, please click:  Source Code Letter

 

 

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Judge Frank Approves Source Code Settlement

Posted on July 20, 2009 by Chuck Ramsay

 As previously reported in this blog, many have been patiently awaiting Judge Frank’s decision on the proposed Source Code Settlement between the State of Minnesota vs. CMI, of Kentucky, Inc.  On July 16th, 2009, Judge Frank approved this settlement much to the dismay of myself and the others who have been diligently fighting in hopes to obtain the source code for the Intoxilyer 5000EN, the breath test machine currently used in the state of Minnesota by law enforcement to test suspected drunken drivers.

 

This agreement requires CMI, Inc. to provide a hard copy to the State of Minnesota. However paper documentation only is insufficient.  If proper analysis is to take place it would require defense attorneys to send an analyst to CMI headquarters in Owensboro, Ky to try and determine whether the Source Code contains errors and provides faulty readings.  At this time it is unclear how much that would cost – but estimates show it could take up to 180 days and cost upwards of $50,000.00 - $100,000.00.

 

Click to read the Order Approving Consent Judgment and Permanent Injunction and Memorandum from Judge Frank.

 

 

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