Judge Frank Approves Source Code Settlement

Posted On July 20, 2009 by Charles Ramsay

As previously reported in this blog, many have been patiently awaiting Judge Frank's decision on the proposed Source Code Settlement between the State of Minnesota vs. CMI, of Kentucky, Inc. On July 16th, 2009, Judge Frank approved this settlement much to the dismay of myself and the others who have been diligently fighting in hopes to obtain the source code for the Intoxilyer 5000EN, the breath test machine currently used in the state of Minnesota by law enforcement to test suspected drunken drivers.

This agreement requires CMI, Inc. to provide a hard copy to the State of Minnesota. However paper documentation only is insufficient. If proper analysis is to take place it would require defense attorneys to send an analyst to CMI headquarters in Owensboro, Ky to try and determine whether the Source Code contains errors and provides faulty readings. At this time it is unclear how much that would cost â?? but estimates show it could take up to 180 days and cost upwards of $50,000.00 - $100,000.00.

Click to read the Order Approving Consent Judgment and Permanent Injunction and Memorandum from Judge Frank.