CMI CONTINUES TO RESIST RELEASING INTOXILYZER 5000 SOURCE CODE
In a previous post I discussed the Intoxilyzer 5000, which is the device used in Texas to take a breath sample from motorists who are suspected of being intoxicated while driving. As I mentioned in the previous post, attorneys are having increasing success in obtaining court orders to have CMI, the manufacturers of the Intoxilyzer 5000, turn over the source code that is found in the software supporting the device to defense attorneys who seek to review it.
Now, the Minnesota Supreme Court has ordered the source code to be turned over. Rather than abide by a lawful court Order, the manufacturer has refused. In turn, authorities in certain Minnesota counties will no longer use the Intoxilyzer 5000 in DWI cases because the results will be inadmissible in court unless the manufacturer of the Intoxilyzer 5000 relents and complies with the court order to allow attorneys access to the source code.
It is a fundamental principle of our law that people accused of crimes are entitled to confront the witnesses against them and access the evidence that is utilized by those who seek to convict them. Until CMI is willing to allow defense experts to review the source code, attorney will continue to press forward with this claim.
