BREAKING NEWS: SUPREME COURT RELEASES OPINION REGARDING INTOXILYZER 5000EN SOURCE CODE IN THOUSANDS OF MINNESOTA DWI CASES
The Minnesota Supreme Court has just released its 4-3 opinion regarding the use of the Intoxilyzer 5000 in thousands of Minnesota DWI cases.
You can view the opinion here. We'll be providing a detailed analysis of the 38 page decision once we've had an opportunity to carefully review it, but upon first reading, the decision is best summed up with a quote from Justice Page (dissenting):
"The practical result of the court's holdings is that defendants will be unable to challenge Intoxilyzer 5000EN results. Despite evidence that the test has a margin of error, that radio frequencies from cell phones can disturb the accuracy of the test, and that the test may erroneously produce a deficient sample, a defendant may not raise the source code as a potential cause of an inaccurate or deficient sample. Denying the accused an opportunity to raise source code issues effectively eliminates the accused's opportunity to challenge the results."