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Police Blotter: Bid for breathalyzer code denied

A Minnesota man convicted of drunk driving did not have the right to inspect the programming of a police breathalyzer, a state appeals court has ruled.

The Minnesota Court of Appeals last week rejected Michael Garberg's claim that he was entitled to obtain the source code to the Intoxilyzer 5000EN.

Garberg failed to convince the court that obtaining the source code "may relate to his guilt or innocence," wrote Judge Heidi Schellhas.

After Garberg was stopped for speeding one evening in October 2008, he was given an Intoxilyzer test that reported an alcohol concentration of .24, over … Read more