The Source Code case has finished, but there is another issue in the same family that must be decided. When Judge Abrams heard the Source Code case, he stated that the EPROM issue was not before him. This opened the door for it to be argued later. And it is being argued now.
Defense attorneys across Minnesota are filing EPROM motions. EPROM stands for erasable programmable read only memory. It is the brain of the Intoxilyzer. The question is whether there is unintended code that may interfere with the results of the breath test and whether the brain and the body of each Intoxilyzer match so they can work the best.
Each county and each judge is handling the motions differently. Some are staying the cases until Judge Abrams can write a document with his opinion on the matter. Others are hearing arguments and making their own decisions. Others are sending the cases to other judges.
For defense attorneys, the goal is to stay the cases until the issue can be litigated. The problem with litigation on an issue as technical as this is that it is too expensive and time-consuming for any one defendant and one lawyer. A coalition was formed for the Source Code cases that solved the problem of expense and time. A case like this requires experts, tests, analyses of tests, and so on.
In early January, we should get some indication of where the EPROM motions are headed.
