In a petition signed May 5th, 2009, the State of Minnesota has requested the Minnesota Supreme Court to reconsider its ruling in State vs. Underdahl. Specifically, the state has requested that the Court reverse its earlier finding that the State of Minnesota has possession of the source code.
In its petition, the state argues that they are not currently in possession of the source code and are unable to produce it, but are still currently involved in federal litigation with CMI of Kentucky, Inc. (CMI), the company owning the source code, in an effort to obtain the source code for defendants or petitioners, if ordered to do so by a district court.
One proposal put forth by the State of Minnesota,in its petition, s that the Minnesota Supreme Court delay its decision on this issue until the federal litigation involving CMI has been resolved. Stay tuned…
Tags: DWI, Intoxilyzer, source code
