State of Minnesota v. Dale Underdahl & Timothy Brunner

Derek Anthony Patrin

Case Conclusion Date:April 30, 2009

Practice Area:DUI / DWI

Outcome:Won at the Minnesota Supreme Court

Description:This case was a historic precedent that decided once and for all that DWI defendants were entitled to receive access to the software "source code" for the Intoxilyzer breath testing machines used for drunk driving enforcement in Minnesota. The manufacturer of this device had successfully avoided turning over its source code in several other states, but this case forced them to come to the table and provide the source code to drivers in Minnesota. Currently, there are hundreds of pending DWI cases in Minnesota benefitting from this Supreme Court ruling by seeking analysis of the source code to find potential bugs and errors in the software. There is a real possibility that this breath testing machine could be discredited and inadmissible in Minnesota courts when the battle is all said and done. I am the first attorney to hire an expert to review this source code and so far the results are very promising.

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