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We've exposed new levels of State corruption this year. We've shown how State scientists colluded with lawyers to prevent the release of the source code; uncovered the lack of quality assurance in the breath, blood, and urine alcohol labs; and we've got much more to come. Read More
We went way back to our archives to look at the initial interference testing by the manufacturer of the DMT. It turns out that the fuel cell needs to be turned on to identify chemicals on a person's breath that could inflate their alcohol score. Read More
The State breath alcohol lab has been hiding problems with the breath alcohol machine for over ten years. It's time to shut it down. Our latest findings show that the fuel cell is necessary to detect interfering substances. Read More
State breath alcohol lab technicians approved a machine that failed to meet their standards. This shoddy machine has been in use for over 10 years now. It's time to set the record straight. Read More
Last week, a judge out of Stearns County, MN ordered that a breath alcohol test of one of our clients be suppressed. Read More
The BCA has been mishandling bias in their breath testing machines. It's time they come clean and correct the issue. Read More
Anyone with a test result of .10 or below could actually been below the legal limit. This also applies to those charged with being twice the legal limit (which brings significantly enhanced penalties) and commercial drivers (who face a legal limit of 0.04). Read More
This Thanksgiving season some of our current clients have a lot to celebrate: In the last month we have had three judges throw out our client’s breath test results because of our "source code" issue. Read More
It's been a few years since a manufacturing error has caused problems for blood alcohol testing in Minnesota . . . but here we are. We've been provided with what appears to be a valid recall notice for the type of tube used in Minnesota BCA testing kits. The notice is dated June 4, 2021, and impacts kits that expire in September of 2022. Read More
Minnesota's Supreme Court recently issued a ruling addressing what the governement does (and does not) have to prove when charging someone with a DWI based upon a driver's use of prescription drugs. And you'd be surprised how easy it can be to be charged with a DWI just for taking your prescription according to your doctors directions. Read More
When a DWI alcohol test is taken more than 2 hours after driving, there are solid scientific reasons to discard that test result -- primarily the fact that the government is going to try to "fill in the blanks" with that test result in a very unscientific manner. We wrote the playbook on fighting these types of tests, and your choice of attorney may be the difference between a lucky victory and . . . a different end result. Read More
Good scientific practices can keep us safe, and insure the guilty are punished according to the law. Junk science, however, is what unjustly punishes the innocent and undermines our faith in the judicial system. Today, we're writing about junk science. Read More
It's how humans are wired -- we want to be able to answer every question. "Why" is the first question we learn to ask as a small (sometimes annoying) child, and that question carries on throughout our lives. But sometimes, in our rush to come up with answers, we start asking the wrong questions. Read More
We ended part 2 of this 4 part blog series with the question: “We’ve been down this road before and we learned from it. Right?” The answer is, Yes! . . . but apparently, it didn't take long for some of us to forget . . . Read More
Part 2 of our 4 part blog series exploring the software (source code) that controls every aspect of Minnesota's breath testing machine -- the DataMaster DMT. Read More
After the highly-publicized Noor trial, prosecutors, the media, and the public are increasing their scrutiny of the practices and potential biases of Minnesota's own Bureau of Criminal Apprehension (BCA). This isn't surprising to us -- we've been criticizing their biases and practices for years. What is surprising is how long it took for everyone else to notice. Read More
Our ten-year blog-aversary (we've been practicing criminal defense far longer than 10 years) came and went without much fanfare, but as this year draws to a close we make note of that anniversary now. In our first blog post we said the purpose of the blog was "to share information and promote excellence." We believe we've done that and continue to do so. Read More
Driving while impaired by alcohol -- or snowmobiling while impaired, or boating while impaired -- can and does lead to a lot of unnecessary death and destruction. But too often, a tragic death (or narrowly avoided injury) can lead the State to the unjustified use of junk science to try and obtain a conviction. It happens . . . but not on our watch. Read More
Minnesota recently started relying on the test results of Ion Mobility Spectrometry (IMS) devices to gain entry into homes via search warrants. IMS devices, referred to as “ion scanners,” are an interesting piece of technology with a very high risk of being misused by aggressive government prosecutors. Here's what you need to know. Read More
The Minnesota Bureau of Criminal Apprehension (BCA) trains its employees to testify in court that the DataMaster DMT (used in the majority of DWI arrests in Minnesota) is designed to give drivers the "benefit of the doubt." They "truncate" the breath test results, they take the "lower" of two breath samples, they have all sorts of "filters" to screen out false positive tests. Think of how absurd would it be if the machine keeps measuring someone's breath, and keeps getting a result that is below Read More
