MINNESOTA LAWYER REPORTS BREATH TEST SOFTWARE ERROR

The State of Minnesota has confirmed what Ramsay andamp; Associates first revealed more than six months ago. Minnesota’s breath test machine, the Intoxilyzer 5000, periodically reports faulty test results. See, Lawyer Unveils Government’s Efforts to Conceal Broken Source Code, Sept. 22, 2008. The manufacturer, CMI Inc., discovered the cause of the problem and provided a corrected version of the software. The state concealed the problem and refused to install the corrected version, fearing to inflame the so-called “source code issue.”

“We had noticed on some instruments in some blowing patterns …, the instrument doesn’t willingly accept the breath sample,” admitted a Minnesota Bureau of Criminal Apprehension forensic scientist under oath.

The Minnesota Lawyer, a weekly newspaper reported, “She said that CMI provided updated software to the BCA but ‘we did not test it, we did not validate it, it was not approved, and it was not installed.’ She said she ‘believed’ the software was not updated because of the ongoing source code litigation.”

See, “More Intoxilyzer Arguments Bubble Up,” from Minnesota Lawyer (password required). I am grateful Minnesota Lawyer is leading the media in telling this stunning story of government cover up. I am disappointed with other media outlets, attorneys, and government agencies who have turned a blind eye to this outrage.

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