Minnesota Attorneys Join Forces To Get Source Code - by Attorneys.org Editor

In an unholy union, Minnesota attorneys from both the prosecutor and the defense joined together to force the makers of Intoxilyzer, or what is commonly called a breath analyzer, to show them the source code and avoid a looming problem should it stay a secret.

Reliable reliability
The claim of some Minnesota attorneys that represent clients charged with “driving under influence” or DUI claim that there are reliability concerns with the Intoxilyzer. This claim is of course vehemently denied by CMI, Inc, its maker.

CMI claims that the source code is a trade secret, and that by revealing the source code, it exposes itself to unfair competition and possible technology piracy. Its position is weakened by a recent ruling by the Minnesota Supreme Court saying that DUI defendants have an entitlement to get the code examined by an expert.

The defense is interested in examining the source code in order to create doubt as to the accuracy of the measurements involved. The prosecution is also interested in the accuracy of the device for the opposite aim: establish that the device is accurate and can lead to conviction.

Consolidating evidence
It will be very difficult if Minnesota attorneys will have to chase makers of breath analyzers through out the states, so they are proposing that all evidence related to procuring breath analyzer source code be consolidated.

For example, the aforementioned company CMI refused to provide the source code for Intoxilyzer. Their client unfortunately (or fortunately) was the state itself, which then proceeded to sue. It got the judge order to have CMI turn over the source code, but CMI wanted to complicate things and only agreed if the source code inspection were to be done in the state of Kentucky.

In fact, a few consolidations have already been taking place. There have been a few hundred cases where the request for source code have been consolidated, and the result of the expert examining the source code will be available to these mini-consolidated cases.

Coalition forms
In order to prevent similar scenarios from happening not just in Minnesota but in other states as well, a coalition is being formed to negotiate the terms of access for the source code. With this, the state will be hiring an expert that will examine the source code of breath analyzer manufacturers.

This way defendants and prosecutors no longer have to challenge each and every time the breath analyzer manufacturers for their source code. The particular source code will be investigated by the state expert being retained, and the results available to any trial proceeding.

If such a coalition is successfully formed, this spells a victory for every Minnesota attorney, both from the defense and the prosecution alike.