For quite some time, defense attorneys have been trying to obtain the source code for the Intoxilyzer 5000EN. This is the machine that Minnesota uses to test a persons breath to determine the person’s alcohol concentration. One of the major issues is the claim that the defense has not been allowed to review the source code, or have experts examine the source code to make sure it’s accurate. In addition, this source code, which we rely on to determine if a person should be charged and convicted of a crime, has never been peer reviewed.
For an example as to how this could “blow up” in our face, just look into what happened with the FBI bullet lead test.
Eventually CMI relented and started to allow people to head down to Kentucky (where they are located) and review the source code.
On July 1st, Winthrop & Weinstine, attorneys for CMI, announced to the court that the source code which CMI has in it’s possession is not the same source code that has been used to determine if someone is guilty or not. Oh, and they are not sure why there is a difference.
Is anyone else seeing problems with this? No matter which side of the isle you’re on, this should be of some concern.
Please remember that the interpretation and analysis presented here is not intended to be legal advice. If you are seeking legal advice please contact us for a free consultation and actual examination the issues that your case may present.