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Martin S. Azarian, Attorney at Law, gets DWI charge dismissed in Ramsey County using the source code for the Intoxilyzer 5000

St. Paul, Minnesota - May 6, 2008 - Using the "source code motion," the newest defense to a DWI charge, Martin S. Azarian, attorney for the defendant, was successful in getting DWI charges dismissed. Ramsey County Judge Michael Fetsch dismissed the DWI charges after the State refused to turn over the "Source Code", the computer code that operates Minnesota's Intoxilyzer 5000 EN, the machine that is used to test breath-blood alcohol levels. This is the second case in two weeks that Mr. Azarian was successful in getting charges dissmissed using the source code motion. Minnesota ranks fifth among DWI arrests in the motion. Mr. Azarian is one of a handful of Minnesota attorneys who have successfully argued the source code motion.

In Minnesota, the source code motion defense has been available since August 2007 when the Minnesota Supreme Court ruled that the code was relevant and discoverable in DWI cases.

Kentucky corporation, CMI, Incorporated, the manufacturer of the Intoxilyzer 5000 EN, uses a computer code that no one in Minnesota has ever seen or evaluated. The Machine tests a driver's breath sample to determine if he or she is over the legal limit. The Source Code motion is a means to force the State to turn over the actual computer code that enables Minnesota's Intoxilyzer 5000 EN machine to provide an alcohol-blood test result.

The State objected to the motion, citing, in part, that the code is irrelevant and that CMI refused to turn over the code in a criminal proceeding. Minnesota, in turn sued CMI in an attempte to obtain the code and the State used the lawsuit as part of its argument as to why it cannot turn over the Code. "That lawsuit is a red herring," argued Mr. Azarian. "What judge is going to say, 'A Kentucky Corporation's right to protect its computer code takes precedence over a Minnesota defendant's rigth to have a fair trial?' "If the State says in one breath, the Intoxilyzer is reliable and in the next cannont prove it, then it should be barred from using it at trial", stated Mr. Azarian. As for CMI, repeatedly we have followed the rules, we have subpoenaed CMI to turn over the Source Code and each time we get a nasty letter from CMI's attorney saying 'No, we do not have to respect your Courts or your subpoenas.' Their contempt for the law is unbelievable. Even their own courts have ordered them to turn over the code and CMI still refuses. This Court had enough and did the right thing. The Bill of Rights ensures that each and every one of us has the right to a fair trial. It recognized, as Court must, that a defendant, whose liberty is at stake, must have the ability to cross-examine his accuser," Azarian said.