Atlanta DUI Defense » DUI discovery motion http://www.4georgiadui.com North Atlanta DUI Defense Attorney Thu, 02 Feb 2012 12:07:41 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 State’s Failure to Turn Over Intoxilyzer Source Code May Result in Dismissal of Charges http://www.4georgiadui.com/2007/09/05/states-failure-to-turn-over-breathalyzer-source-code-may-result-in-dismissal-of-charges/ http://www.4georgiadui.com/2007/09/05/states-failure-to-turn-over-breathalyzer-source-code-may-result-in-dismissal-of-charges/#comments Wed, 05 Sep 2007 18:29:21 +0000 admin http://www.4georgiadui.com/2007/09/05/states-failure-to-turn-over-breathalyzer-source-code-may-result-in-dismissal-of-charges/ 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]

]]> http://www.4georgiadui.com/2007/09/05/states-failure-to-turn-over-breathalyzer-source-code-may-result-in-dismissal-of-charges/feed/ 0 Intoxilyzer 5000 Pre-trial Discovery Motion Posted http://www.4georgiadui.com/2006/06/22/intoxilyzer-5000-pre-trial-discovery-motion-posted/ http://www.4georgiadui.com/2006/06/22/intoxilyzer-5000-pre-trial-discovery-motion-posted/#comments Thu, 22 Jun 2006 14:33:29 +0000 admin http://host.jonathanginsberg.com/~gadui/?p=27 In a gesture of appreciation to his fellow criminal defense lawyers, Guy Sharpe has published his Motion for Full Information on the Intoxilyzer 5000. Guy states that he frequently receives calls about this Motion and he has released it to the DUI defense community as a “thank you” to the many DUI and criminal defense lawyers throughout the State who have generously shared their expertise with him.

This Motion is for the use of criminal defense lawyers only and carries with it no warranties or guarantees of any kind. Attorneys who use or modify this Motion do so at their own risk.

[tags] DUI Motion, Intoxilyzer 5000 discovery motion, Guy Sharpe [/tags]

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