Judge in Minn. denies Intoxilyzer settlement
A federal judge has denied a proposed settlement between the state of Minnesota and the maker of breath-test machines used to catch drunken drivers.
In his order Monday, U.S. District Judge Donovan Frank asks the state and CMI of Kentucky to keep trying to figure out a way to allow access to software the company uses in its Intoxilyzer machine.
Some defense attorneys have wanted to look at the software to prove the machine is working. But CMI had argued the software was a trade secret.
CMI and the state had a plan to make the software available, under certain conditions. But Frank says they need to try again. An attorney for CMI says the company is disappointed and weighing its options for going forward.
Defense attorneys are pleased with Frank's ruling. They had argued the proposed settlement was insufficient. An attorney for the state did not immediately return a call seeking comment Wednesday.
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