Potential Settlement in Source Code Controversy

8 Jun

                On June 1, 2009 the State of Minnesota and CMI, Inc., the manufacturer of the Minnesota model of Intoxilyzer breath testing machines, reached a tentative settlement that potentially paves the way for disclosure of the Intoxilyzer machine’s “source code” to DWI litigants.  For the most complete history on the matter, view http://www.minnpost.com/stories/2009/06/02/9226/legal_standoff_over_intoxilyzer_takes_yet_another_turn.  Also available on the Web are shorter articles, http://www.myfoxtwincities.com/dpp/news/minnesota/Intoxilyzer_Source_Code_Settlement_June_1_2009, http://www.startribune.com/local/46656242.html.  Strictly speaking, nothing is final yet.  http://www.twincities.com/ci_12495960?source=most_emailed.  A previous attempt at settlement was de-railed in February by the assigned federal magistrate, as there were more objectors than assenters to the bargain struck by these two giant parties.  As a practical matter, nothing is absolutely resolved, but there is hope that this latest attempt at settlement is a big step in the right direction.

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