SOURCE CODE UPDATE: ATTORNEY GENERAL FILES MOTIONS IN SUPREME COURT TO CONSOLODATE ALL IMPLIED CONSENT CASES IN THE STATE INVOLVING 5000EN SOURCE CODE CHALLENGES TO A SINGLE JUDGE OR PANEL OF JUDGES
On November 24th, 2009 the Minnesota Attorney General's Office filed a Memorandum in Support of Motion of Minnesota Commissioner of Public Safety for Asignment of Implied Consent Cases to a Single Judge or Panel of Judges in the Supreme Court of the State of Minnesota. The Attorney General alleges that such assignment is appropriate because the cases involve common questions of fact and have a special need for coordinated judicial management. The Minnesota Source Code Coalition support consolidation.
Most recently I have reported that Chisago and Anoka County has consolidated their source code cases. In addition to Anoka and Chisago Counties, Hennepin County and the entire First Judicial District has consolidated its source code cases.
In each of the implied consent cases, the petitioner has challenged the reliability of his or her Intoxilyzer 5000EN test result based on their belief that reviewing the source code for the Intoxilyzer 5000EN will reveal a material defect affecting the instrument's ability to produce accurate alcohol concentration results. I have addressed the flaws of the Intoxilyzer in past blog entries.
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