Today Judge Abrams issued his ruling regarding the statewide consolidated challenge to the Intoxilyzer 5000 based upon deficiencies in the Source Code.
You can view the entirety of Judge Abrams’ Order here. Because the Order is over 100 pages long, we’ve also broken it up into sections that are more easily downloadable.
Part 1- Order
Part 2- Table of Contents
Part 3- History of Source Code Proceedings
Part 4- Operation of Source Code in Intoxilyzer 5000
Part 5- Evidentiary Hearing and Conclusions
As we said, this Order is over 100 pages long, and will take some time to fully digest. However, a causal reading of the Order makes at least two things clear:
1. Judge Abrams does appear to have ruled that the Intoxilyzer 5000 produces admissible test results.
2. Judge Abrams also appears to have ruled that a “deficient sample| test record is not sufficient evidence to prove that someone |refused by conduct| to submit to a breath test. This has been our claim for years, and we’re happy to see that Judge Abrams agrees.
Stay tuned: we should have a more detailed analysis of this Order, and the likely consequences from the Order, posted soon.
