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Published July 28, 2011, 07:04 PM

DWI cases held up by pending MN Supreme Court ruling

Moorhead, MN (WDAY TV) - A pending Supreme Court ruling in Minnesota is holding up thousands of DWI cases, and it's anybody's guess as to when that ruling could come down.

A pending Supreme Court ruling in Minnesota is holding up thousands of DWI cases, and it's anybody's guess as to when that ruling could come down.

Right now more than 4,000 cases are being held up in 69 counties in Minnesota. All over a source code issue in certain types of breathalyzers. The breathalyzer in question is the Intoxilyzer 5000EN. In March a Minnesota Judge said there were source code errors with the machine, but it didn't affect the accuracy results. Defense attorney's appealed the decision and the State Supreme Court agreed to hear it.

Janice Cossette – Clay County Court Administrator: “All these source code issues were consolidated into one court hearing with a judge in the cities and until the Supreme Court decides what to do with those, those will be on old.”

If the court rules the machines are faulty, Otter Tail County Attorney's say each case would then be prosecuted based on other evidence available.

The machines are still used throughout Minnesota, including with the Moorhead Police Department. They're being phased out over the next few months.

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