Drunken Driving Cases On Hold, Case Heads To State Sumpreme Court

Thursday, July 28th, 2011 at 11:26 am

Thousands of drunken driving cases are on hold in Minnesota until the state Supreme Court rules on a controversial breath-testing device.

The court this week granted a motion by defense attorneys who asked that the cases be stayed until a decision is made on the Intoxilyzer 5000EN. The ruling stops some judges and prosecutors from moving more than 4,000 cases in 69 counties through the legal system.

A Scott County District Court judge ruled in March the computer source code on the breath-testing device had some errors, but that the problems didn’t affect the accuracy of the results. Defense attorneys appealed and the Supreme Court agreed to take the case.

The Star Tribune says the state is phasing out the Intoxilyzer and replacing it with a new device.

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