Federal Court Determines Minnesota Attorney General "Cannot Adequately Represent" Interests of Minnesota Citizens
Drivers enter DWI Breath Test Battle
On November 6, 2008 Federal Judge Donovan Frank gave permission to Minnesota drivers accused of DUI to become parties in the ongoing lawsuit between the State of Minnesota and CMI, Inc. of Kentucky, the manufacturer of the Intoxilyzer 5000. The Judge's order reverses an earlier court ruling that denied individuals any part in federal suit.
The Court noted that under normal circumstances, governmental agencies are capable of protecting citizens' rights and interests. Under the unusual circumstances of the Source Code litigation, however, the Court found the Minnesota Attorney General could not represent the interests of Minnesota drivers.
Last week, Minnesota attorney Charles A. Ramsay submitted mountains of accumulated evidence on the drivers' behalf. The documents exposed that the State of Minnesota refused to fix known bugs in the software that operates the Intoxilyzer 5000.
As a result of this order, Minnesota citizens finally have the right to inspect the software of the Intoxilyzer 5000 free from the limitations previously imposed by the State and CMI. We have posted Judge Frank's order on our website.
Stay tuned for more information on this rapidly developing story...