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IN RE SOURCE CODE EVIDENTIARY HEARINGS

No. A11-0560.

816 N.W.2d 525 (2012)

In re SOURCE CODE EVIDENTIARY HEARINGS IN IMPLIED CONSENT MATTERS, In re Source Code Evidentiary Hearings in Criminal Matters.

Supreme Court of Minnesota.

Rehearing Denied August 7, 2012.

Attorney(s) appearing for the Case

Jeffrey S. Sheridan , Marsh J. Halberg , Pamela King , Derek A. Patrin , Lee M. Orwig , Source Code Coalition, Eagan, MN, for appellants.

Lori Swanson , Attorney General, David S. Voigt , Deputy Attorney General, Kristi Nielsen , Assistant Attorneys General, St. Paul, MN, for respondent Commissioner of Public Safety.

Mark J. Schneider , Jeffrey D. Bores , Chestnut Cambronne PA, Minneapolis, MN, for respondent State of Minnesota Prosecution Liaison Counsel.

David M. Aafedt , William A. McNab , Winthrop & Weinstine, P.A., Minneapolis, MN, for amicus curiae CMI of Kentucky, Inc.

OPINION

ANDERSON, G. BARRY, Justice.

This appeal involves a statewide challenge to the reliability of Intoxilyzer 5000EN test results based on alleged defects in the Intoxilyzer 5000EN source code.1 The Intoxilyzer 5000EN is a testing instrument manufactured by CMI, Inc. that uses infrared absorption spectroscopy to measure the breath alcohol concentration of subjects who provide breath...

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