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Settlement reached in intoxilyzer case

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The Department of Public Safety has reached a settlement with CMI of Kentucky, Inc, resolving a court case pending in Minnesota Federal District Court regarding the Intoxilyzer 5000EN -- the most widely used tool by Minnesota law enforcement agencies to test for alcohol during impaired driving arrests. The settlement was reached with the assistance of Magistrate Judge Arthur J. Boylan.

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The settlement agreement is contingent upon the approval of Minnesota Federal District Court Judge Donovan W. Frank. A hearing on the matter has been scheduled for June 11.

The settlement allows defendants in criminal DWI cases and petitioners in civil implied consent cases in Minnesota to have full access to the Intoxylizer 5000EN's Source Code, the computer programming language, at CMI headquarters in Kentucky.

The settlement also provides defendants and their lawyers access to a printed, hardbound copy of the Source Code in Minnesota. In addition, CMI has agreed to contribute up to $50,000 for experts or other resources necessary to analyze and defend CMI's Source Code in Minnesota DWI or implied consent cases.

"We are very pleased that we have given the defense attorneys everything they need to analyze the Source Code," Department of Public Safety Commissioner Michael Campion said.

"The settlement should finally put to rest the issue of the Intoxilylzer's reliability. Law enforcement needs the Intoxilyzer 5000EN to keep drunk drivers off our roads."

There were 38,699 impaired driving incidents that occurred in Minnesota in 2007 and were entered onto people's driving records. The Intoxilyzer 5000EN was used in approximately 24,000 of these cases.

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