MSCJ COORDINATING BREATH TEST SOURCE CODE ANALYSIS
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
Source code: now what?
􀂄 The source code battle marches on….
􀂄 A group of defense attorneys known as the Minnesota Society for Criminal
Justice (MSCJ) have decided to send a source code expert to CMI’s headquarters
in Kentucky to analyze the source code and prepare a report.
􀂄 If this expert’s report alleges the existence of a defect in the source code, then
the State will send a source code expert to Kentucky to analyze the source code
and provide a rebuttal report.
􀂄 If necessary, a hearing will be held for all pending cases to allow expert
testimony and address the question of whether any defects in the source code
affect the Intoxilzyer 5000EN’s ability to produce accurate test results.
􀂄 But a new breath testing instrument is on the horizon!
􀂄 The BCA has received approval for funding from the National Highway Traffic
Safety Administration (NHTSA) to purchase a brand new breath testing system
for Minnesota.
􀂄 Hopefully, the contract for this new system will allow access to all softwarerelated
processes (open source software).