Why is the Minnesota Attorney General so Desperate?

On Friday, May 29th, 2009 the attorney's for CMI and the attorney's from the Attorney General's office met privately, and secretly for about six hours and determined a mutual settlement agreement on the Source Code issue.  But the odd thing was that no one from the Plantiff-Intervenors were present or made aware of this meeting until THIS morning.  Even though it was indicated in the minutes, from this private meeting, that the plaintiff-intervenors were in attendance.  That is a bona fide lie.

The State triumphantly sent a copy of the Mutual Release and Settlement Agreement, theConsent Judgment and Permanent Injuction, and a cover letter to Judge Donovan Frank today making him aware that the State and CMI had reached an agreement.  They stated that the settlement is contingent upon's the Court's approval.  The State also filed a Joint Motion For Entry of Consent Judgement and Permanent Injuction.

Mr. Ramsay was quoted by the Pioneer Press in the article; Minnesota U.S. District Court / Breath test maker offers new deal, stating: "It's not a paper version of the source code.  It's actually a decompiled version of the machine language, which strips the source code of key aspects."   The article further reads,"Ramsay also objected to the hearing date, calling it too early. He said that in federal court in Minnesota, parties are given 45 days to review motions to settle a case. The June 11 hearing "violates the local federal rules," he said. "

So why is the Minnesota Attorney General so Desperate?  Perhaps this is the reason:

Judge Anderson whispers: the state doesn’t have the source code

or this,

Breathalyzers: May Be Inadmissible in Court

or finally, it may be because of this,

Open Letter to the Minnesota Bench

Then again the mention of BIG dollar signs, never hurts when reaching an understanding, either.  This "agreement" is not yet settled.

 

 

War of DWI Breath Test Machine Software Rages

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.