The Intoxilyzer 5000 Source Code challenges have been going on in Minnesota for over six years. We recently reported here on the fact that the Minnesota Supreme Court held oral arguments on the Intoxilyzer Source Code cases on December 1, 2011. The Minnesota Supreme Court is not expected to issue its ruling on the defects in the Intoxilyzer Source Code or software until Spring or Summer of 2012, at the earliest. Meanwhile, the manufacturer of the breath testing equipment, CMI, is promoting a new model, the Intoxilyzer 8000.
Not suprisingly, the Intoxilyzer 8000 may have many of the same flaws in its source code or software as does its predecessor, the Intoxilyzer 5000 EN, the machine in use in Minnesota for the past 15 years since 1997. Now, DWI defense attorneys who previously demanded the source code or software for the earlier model, the Intoxilyzer 5000, are now demanding the source code for its replacement, the Intoxilyzer 8000. Earlier, CMI, the manufacturer of the Breath Testing machines, refused to give up the software that controls the machine after attorneys in Florida and Minnesota demanded that CMI do so. Hundreds of DWI cases were dismissed in Florida and Minnesota as a result of CMI’s hiding the ball. Now, CMI refuses to give up the software for its next-generation equipment, the Intoxilyzer 8000, apparently having not learned it lesson from the litigation over the Intoxilyzer 5000. One of the lessons of those lawsuits is that the State of Minnesota has dropped CMI as a vendor and is purchasing hundreds of new breath testing machine from a different company, National Patent Systems, which makes the Datamaster. While our colleagues in the Florida defense bar continue to fight the good fight in Florida, if you have been charged with a DWI in Minnesota using the Intoxilyzer, the Datamaster, or other equipment, you need to get an Aggressive, Experienced Twin Cities Criminal Defense DWI Attorney on your side ASAP. Visit us at www.kellerlawoffices.com or call (952) 913-1421. Don’t wait–your career may be on the line!