Joshua Topolsky of the Engaget blog reports that the Minnesota Supreme Court will hear arguments about whether the State of Minnesota and/or the manufacturer of the Intoxilyzer 5000 machine must turn over the soruce code that operates the Intoxilyzer equipment.  In discovery motions, the defense had demanded the source code but both the State of Minnesota and manufactgurer CMI corporation have refused to release the code.

Lower courts in Minnesota and elsewhere have dismissed charges in DUI cases because the source code was not released, although other courts have refused to dismiss cases on this basis.  Now, it appears that the Minnesota Supreme Court will be making law on this subject – a hearing is scheduled for September 19th.

Has anyone had any success with the "source code" argument here in Georgia?  If so, write us with the details.

[tags] source code, breathalyzer, intoxilyzer [/tags]