Source code standoff in breathalyzer case
Minnesota authorities have missed a court-imposed deadline for turning over the source code for a breath-testing machine at the heart of a a high-profile dispute that recently made it to the state's Supreme Court.
That means now there's a greater chance that charges could be dropped against third-degree DUI defendant Dale Lee Underdahl.
The Intoxilyzer 5000EN is used in more than 20 states, according to the manufacturer.
(Credit: Connecticut Department of Public Safety)
The next step is a court hearing scheduled for September 19, Underdahl's attorney, Jeffrey Sheridan, told CNET News.com in a phone interview on Tuesday. At the hearing, Sheridan is expected to ask the judge to throw out any evidence the state had obtained using the the Intoxilyzer 5000EN. If the judge agrees, at least one charge--that his client was driving with a blood alcohol concentration above the legal limit of .08--would likely be dismissed.
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Drunk driving cases turn on source code
Breath test company refuses to disclose code, to defense lawyers' delight
Updated: 3:45 p.m. MT March 12, 2006
MIAMI - Timothy Muldowny's lawyers decided on an unconventional approach to fight his drunken driving case: They sought computer programming information for the Intoxilyzer alcohol breath analysis machine to see whether his test was accurate.
Their strategy paid off.
The company that makes the Intoxilyzer refused to reveal the computer source code for its machine because it was a trade secret. A county judge tossed out Muldowny's alcohol breath test — a crucial piece of evidence in a DUI case — and the ruling was upheld by an appeals court in 2004.
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