Saturday, June 30, 2012

Source Code Opinion Affirms Reliability of Intoxilyzer 5000EN

[Source Code Litigation], Minn.S.Ct., 6/27/12.  In a 4-3 Opinion, the supreme court has upheld the district court’s conclusion that the results of measured breath alcohol from the Intoxilyzer 5000EN are reliable, and that should individual litigants seek to introduce evidence related to the challenge’s results may not do so in any upcoming trials. 
Justices Page, Paul Anderson and Meyer dissented.  You may wish to read the dissent closely if you are thinking of trying to offer evidence of an unreliable result in a particular case for hints of challenges to be made.

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