Minnesota DWI Breath Test Source Code Update: State & Federal Developments

Posted On May 07, 2009 by Charles Ramsay

The state has been in panic mode since last week's Minnesota Supreme Court DWI Intoxilyzer Source Code Ruling.

State Source Code Litigation

The Minnesota Attorney General took the case over from the Dakota County Attorney. On Tuesday, May 5, 2009, the AG's office filed a motion for rehearing. The Solicitor General, who is leading the state's fight (or fall) in federal court, signed the pleading.

There are two bases for the state's motion for rehearing: 1) Do you live under a rock? The federal settlement was nixed!; and, 2) Do you know what effect your ruling will have on the state? I've attached the motion.

Meanwhile, the Minnesota Supreme Court's Brunner decision has put the viability of Minnesota's breath test program in the hands of Magistrate Boylan and Judge Frank. Yesterday the three sides â??State of Minnesota; Intoxilyzer manufacturer, CMI; and Plaintiffs-Interveners (four drivers accused by the machine) met for a previously scheduled settlement conference.

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