In the first ever ruling of its kind in Minnesota, the Court of Appeals today in Bowen v. Commissioner of Public Safety overturned a trial court’s order denying production of the source code. This case now stands for the proposition that drivers must make only a limited showing in order to meet the “relevance” requirement under the rules of discovery. In essence, Bowen will preclude the government from arguing that the source code is not relevant to the guilt or innocence of drivers who are being accused by the Intoxilyzer 5000. Since the ruling reverses a trial court’s order, it should go a long way to pursuade the remaining trial court judges that if they don’t grant production of the source code, they themselves face the prospect of being reversed. It looks as though the days in which Minnesota drivers face a trial by a mysterious machine may be quickly coming to an end.
May 12, 2009...3:05 pm
Minnesota Court of Appeals Orders District Court to Grant Source Code Motion
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