In a decision that will have immediate impact statewide, the Minnesota Supreme Court affirmed Derek Patrin’s discovery victory in Dakota County in the matter of State of Minnesota v. Timothy Arlen Brunner. Most prosecutors, judges and even defense attorneys thought that the Supreme Court would rule against Derek’s client, but the highest court in Minnesota came through with a complete victory for Mr. Brunner. Now, drivers accused of testing at or above 0.08 on an Intoxilyzer 5000 breath test machine will be able to make a motion for discovery of the machine’s software “source code” to challenge criminal charges, license revocations, plate impoundments, and vehicle forfeitures.
The “source code” is the human-readable representation of the machine’s software, which also contains the programmer’s notes. The State of Minnesota has never analyzed the software source code despite the software needing at least six different revisions since the Intoxilyzer machines were purchased more than twenty years ago. The State does not want to be obligated to produce the source code since the machine’s manufacturer has refused to release it to anyone, claiming it is a trade secret that could put them out of business if it is widely disseminated. The State has sued the manufacturer in federal court to gain access of the source code, but that matter is still pending with one failed attempt to settle.
Many of our clients have been patiently waiting for this decision to come down, and now that it’s here in our favor, Meaney & Patrin will be using this case to its fullest extent to defend our clients against DWI charges and the various penalties that come with a DWI arrest. Call us now to get superior DWI representation.