The State of Minnesota has played a key role in the national debate over access to source codes used in breath testing equipment. This is a crucial point in DWI defense because companies that manufacture the equipment have never revealed how the machines actually work and it is feared that averages and assumptions when writing code could return incorrect data for an individual.
Having access to the codes and an understanding of the algorithm used to generate data would allow a criminal defense lawyer to challenge the result and ensure fairness in court. This follows the Constitutional right of everyone accused of a criminal act to address his/her accuser – in this case the State using breath test evidence.
Halberg Criminal Defense believes that the consequences of a Minnesota DWI conviction are simply too serious to be left to chance. Attorneys Marsh Halberg and Lee Orwig are actively involved with the source code litigation. They act as trial counsel for 4,400 defendants impacted by breath test evidence, which is believed to be the largest criminal case in Minnesota court history. They are also part of a trial team representing over 250 criminal defense attorneys seeking access to source codes.
This is an on-going action that could impact your ability to successfully fight an arrest for suspicion of impaired driving in Minnesota. For more information on this subject contact Halberg Criminal Defense.
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