Intoxilyzer 5000EN lawsuit forces State to reinstate dozens of revoked licenses
In Minnesota, successful prosecution of DWI and DUI cases normally hinges on the state prosecutor’s ability to prove the defendant failed a breath alcohol concentration test. Since the introduction of the Intoxilyzer 5000EN, hundreds of defendants in Minnesota DWI and DUI cases have sought court orders to inspect the computer (or source) code used in the state’s breath-testing devices.
Because the manufacturer of the Intoxilyzer 5000EN, CMI Inc. of Owensboro, KY, has refused to turn it over the ‘proprietary information,’ the State of Minnesota has had to reinstate dozens of revoked drivers’ licenses.
Caplan & Tamburino Law Firm Attorney advises that “although the State’s Federal case against CMI is pending, District Court Judges can issue a variety of decisions ranging from license reinstatement to test suppression orders. As a result, DUI and DWI attorneys here at Caplan & Tamburino Law Firm have been able to successfully resolve DWI/DUI cases based on source code argument with excellent results. Because every DWI or DUI case is based on different elements, representation by an aggressive, well-trained DUI defense attorney is of utmost importance.”
In March 2008, the State of Minnesota sued CMI Inc., in Federal Court to obtain the source code, alleging that CMI breached its contract and is infringing on the state’s copyright and is failing to act in good faith. If CMI does not turn over the source code, the state might have to replace the machines at a cost of about $3 million. If the dispute isn’t resolved, The State of Minnesota contends that hundreds of drunken driving cases might be in jeopardy and it might have to replace the devices at a cost of $3 million.
If you’ve been arrested for DWI or DUI, seek the advice of an attorney who specializes in DWI and DUI defense immediately. Having an attorney experienced with DWI or DUI cases on your side will great improve you chances for dismissal, or help you a much more favorable outcome that you could achieve by pleading guilty.
If your DWI or DUI case is handled improperly, you could face jail time, lose your driver’s license or full driving privileges, pay exorbitantly high insurance premiums, even forfeit your vehicle.
Caplan & Tamburino Law Firm, P.A. has a proven 20-year track record of helping clients make the best of extremely difficult situations. Even when evidence seems overwhelming, it is often possible to negotiate a highly favorable result. Since 1983, Caplan has represented clients in criminal matters such as white collar crimes, driving while intoxicated (DUI DWI) , traffic violations, drug offenses, assault, domestic assault, embezzlement, theft, sex crimes, homicides, felonies, and more.