Our client’s position looked hopeless. He had been represented in the trial court by another top notch Minneapolis area criminal defense attorney, but the Judge wrongly denied his Request to access the Source Code for the Intoxylizer in his driver’s license implied consent case. And the client only tested an alleged .09! But, if he lost this case, he faced cancellation of his driver’s license for at least one year and the onerous requirement for Reinstatement after Cancellation-IPS. We took on this case at the appellate level and filed a Notice of Appeal, a Statement of the Case, and an Appellate Brief for the client. Because of my experience as a former Court of Appeals clerk and former Assistant Attorney General, we won the appeal. We short circuited the process, convinced the Attorney General’s office to not file a responsive brief to answer our arguments, and we dismissed the appeal when the original trial judge promised to vacate his earlier order and issue a New Order giving my client access to the Intoxilyzer Source Code, which the Judge promptly did. Thus, our client now has the path open to analyzer the source code and is still challenging his implied consent driver’s license revocation in the trial court. (13-CV-08-667 and A09-762)
Tags: DWI Appeal, DWI Source Code, Intoxilyzer Source Code, Intoxilyzer Source Code Court of Appeals, Source Code, Source Code Appeal
