MINNESOTA PROSECUTORS DISMISS DWI CHARGES INVOLVING INTOXILYZER 5000 BREATH TEST CASES
It appears prosecutors continue to be concerned about the so-called "source code" issue in Minnesota, despite recent victories in the appellate courts. Today, prosecutors from Hennepin and Washington counties notified my office they would dismiss the charges against two of my clients. Both were Intoxilyzer 5000 breath test cases involving the source code issue.
The state has not dismissed the impaired driving charge. In order to prevail, the government must prove beyond a reasonable doubt that alcohol impaired my clients usual skill, intellect and coordination -- a difficult task without an alcohol test!