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How to Calibrate - Teach an AI - Build the Inverse Logarithmic Calibration Curve

Purpose: To educate the Court about the Analytical Theory of the 8000C Optical Bench including Emitter, Sample Chamber, Dual Detectors, Inverse Logarithmic relationship, and building the Calibration Curve based on the theory that differing ethanol concentrations have differing % absorption of IR light. To lay the groundwork for the importance of calibration and re-calibration respecting the reliability of any approved instrument. To explain the auto-calibration function of the instrument that is run at the factory or the Authorized service Centre. To lay the groundwork for why changes to the relationship between electrical signals coming off the detector and true indication result in drift i

Calibration Laboratory Requires Accreditation

Purposes: To obtain an admission that calibration or re-calibration needs to be done by an entity that is accredited by ASCLD/LAB ANLAB to ISO 17025 standards. To obtain an admission that the local police service or local service centre which has conducted a re-calibration does not have such accreditation. The cross-examiner should have gone further on this issue to expand this line of questioning to Mega-Tech, Davtech, and GCS Technical Services. #ISO17025 #accreditation #calibration

AI Hardware and Software Can't Measure Without Learning and Re-Learning

Purpose: To educate the Court as to the "why" of the unreliability of an approved instrument to measure across the measuring interval if it has not been recently calibrated, inspected, maintained, re-calibrated. It seems strange to think that a modern "approved instrument" has to "learn" - that it has a kind of artificial intelligence. In reality it's true, an approved instrument has to learn the meanings of 67 mg/100mls, 94 mg/100mls, 117 mg/100mls, and 184 mg/100mls. The artificial intelligence uses extrapolation from its response during calibration to known values (from a NIST reference - un étalon with an unbroken chain of connection to SI units of the CGPM/BIPM in Paris) (maybe 0, 50, 1

What are the CGPM and BIPM? Is Canada a member?

Purposes: To connect evidentiary breath testing in Canada, the Criminal Code, and the Weights and Measures Act section 4(1) to the Metre Convention and the organizations created by the Metre Convention specifically the CGPM and the BIPM. To establish the primacy of the CGPM/BIPM and its SI units and vocabulary in any consideration of measurement science in Canada and internationally. To establish that Canada is a member state of the Metre Convention. To lay the groundwork for an argument that there is a Principle of Fundamental Justice protection under Charter section 7 related to fair measurement in accordance with the international system of units, the SI units. To the lay the groundwork f

Applying Magna Carta and the Concept of the Measurement Standard - the Etalon

Purpose: To connect the concept of measurement standard, reference standard, étalon to Canadian law, Canadian constitutional law, and international measurement science. To suggest to the Court that if measurement is a comparison, then it must always be a comparison to the international measurement standard, reference standard, étalon. #referencestandard #measurement #SIUnits

What is Accuracy? Techniques to Enhance Accuracy

Purpose: To develop the concept that, in metrology, accuracy is not a number. It is something that we work towards. It does not make sense to say that a particular measurement result "is accurate". We can take certain steps to encourage accuracy such as using the mean or average of many results. The proper approach is provide a measurement result that is as accurate as possible together with a statement of the uncertainty of the measurement. #accuracy #UM #VIM #measurement

Criminal Code Over 80 Sections that Contemplate "Quantitative Analysis"

Purpose: To ultimately suggest that searches of breath are unreasonable and violate section 8 of the Charter, if police are using, for forensic purposes, "approved instruments" that are not capable of rendering reliable "quantitative analyses". To apply the findings and conclusions of the Motherisk inquiry Report in Ontario to evidentiary breath testing in Canada. To establish why it is essential that approved instruments, in fact, be capable of conducting "quantitative analyses". #forensicpurpose #quantitativeanalysis #Motherisk

Measurements Under the Criminal Code of Canada Use SI Units

Purpose: To connect the Criminal Code and its wording about concentration of alcohol in units of blood with the International system of SI units. To establish the importance of SI units and their definitions according to the CGPM when construing and applying the Criminal Code of Canada, with respect to offences defined in terms of a concentration of alcohol in units of blood. #SIUnits #measurement #CGPM #BIPM #VIM

What is measurement?

Purpose: Cross-examination of a CFS scientist on the VIM. To connect "measurement" in Canadian evidentiary breath testing to "measurement" in the international literature, specifically the International Vocabulary of Metrology, referred to in most international scientific literature on measurement To define any measurement in Canada, including a measurement for a forensic purpose as a comparison. To obtain admissions from the CFS scientist as to the applicability of the definitions in the VIM to the matter before the Court and the Criminal Code respecting: measurement (as a comparison) quantity unit metrology calibration curve metre & kilogram #measurement #VIM

Traceability of Measurement Result on an Approved Instrument

Purpose: To obtain an admission from the CFS scientist that the traceability of a measurement result on an approved instrument or a truck weigh scale is through the calibration of the instrument at the factory or a proper recent re-calibration by the manufacturer or factory authorized service centre. At the time of calibration a calibration curve is created to establish a relationship between the electrical signal coming off the detector in the AI or the weigh scale and the digital indication. That isn't done using controls at time of use. To clarify that calibration of a gas chromatogaphy instrument used for blood, urine, serum analysis is done quite differently at time of use. A calibrati

Factors Influencing Reliability

Purpose: To obtain admissions from a CFS scientist respecting the factors that influence reliability in a laboratory To suggest that there are multiple components to "reliability" To lay the groundwork for an argument that reliability means a lot more than a formula of two tests 15 minutes apart with 02 agreement and control tests between 90 and 110 To define scientific "reliability" using ISO 17025 #ISO17025 #reliability #goodlaboratorypractice

Stop, Document, and Report

Purpose: To educate the Court about good laboratory practice. To obtain an admission from the CFS scientist, that good laboratory practice requires contemporaneous documentation. To obtain an admission from the CFS scientist that good laboratory practice requires that a technician stop, document, and report whenever an anomaly occurs. To apply good laboratory practice to breath testing for a forensic purpose. #goodlaboratorypractice #documentation #ISO17025

Causation of Error v. Calculation of Drift in Precision - Evidence Based Assessment of Reliability

What is the purpose in Stinchcombe/McNeil disclosure or O'Connor production of maintenance records and historical data? Crown CFS scientists are right in saying that there is no causal relationship between the historical data and the results of a subsequent subject test. Crown CFS scientists are incorrect in saying that maintenance records and historical data are irrelevant in assessing the scientific reliability of a measurement result. Control tests, cal. checks, and simulator temperatures do not change Intoxilyzer results! They do not cause error in Intoxilyzer results! You can operate an Intoxilyzer and get an accurate result with no wet-bath simulator or dry gas attached to the Intoxily

Heater Response Time on Guth 2100

Purpose: To further challenge the Crown's suggestion that the anomalous low cal. checks that occurred in this breath truck were not caused by a door opening from time to time in winter. To support the O'Connor application for production of contemporaneous documentation by the QT who obtained the group of low cal. checks. Documentation would shed light on possible causes of the low cal checks, any troubleshooting attempted, and the likelihood that their cause was a problem with Intoxilyzer precision. #coldweather #ambienttemperature #simulator #wetbath #responsetime

Use of Wet-bath Simulator in Winter Cold Temperatures

Purpose: To cross-examine a CFS scientist on use of Guth 2100 wet-bath simulator under Canadian cold operating conditions To build a case for O'Connor production of contemporaneous documentation by the QTs who obtained the groups of low cal. checks in the breath truck in winter. During Direct Examination, the CFS expert had suggested in response to the Crown's request for the simplest explanation for anomalous low cal. checks, that the door being left open on the breath truck in winter could cause repeated cal. checks below 90. The purpose of this cross-examination was to suggest that if this was the case, then QTs of this police service are not using the simulator in accordance with manufac

Wet-bath Simulators Manufacturer Specs

Purpose: To obtain an admission from a CFS scientist that expectation of ATC Best Practices Recommendation is for annual inspection of wet-bath simulator to ensure it meets manufacturer's specifications To obtain an admission from a CFS scientist that manufacturer's specification for a Guth 2100 simulator is 34.00 +/- .05 degrees C, not just 34.0 +/- .2 degrees C. #inspection #simulator #wetbath #manufacturersspecifications #3400

Uncertainty of Measurement for Lawyers and Judges

Purposes: To simplify the concept of Type A Uncertainty of Measurement to make it more understandable to a trial judge. To obtain an admission from the CFS scientist that Uncertainty of Measurement is not novel science. To explain calculation of average, precision, and standard deviation in simple math terminology. To connect CFS documents that talk about coverage factor with the international literature of Uncertainty of Measurement. #UM #precision #standarddeviation #coveragefactor

Independent Annual Inspections v In-house Inspection by Local Police

Purpose: To obtain admissions as to the differences in inspections, in inspection standard operating procedures, and completeness of an independent inspection v. an in-house annual or in-house periodic inspection by the local police service. To establish that these inspections are inadequate unless accompanied by complete documentation - that needs to be produced on the O'Connor application. #inspection #SOPs #annualmaintenance #independent

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WARNING: Please do not attempt to use any text, image, or video that you see on this site in Court. These comments, images, and videos are NOT EVIDENCE. The Courts will need to hear evidence from a properly qualified expert. The author is not a scientist. The author is not an expert. These pages exist to promote discussion among defence lawyers.

Intoxilyzer®  is a registered trademark of CMI, Inc. The Intoxilyzer® 5000C is an "approved instrument" in Canada.

Breathalyzer® is a registered trademark of Draeger Safety, Inc., Breathalyzer Division. The owner of the trademark is Robert F. Borkenstein and Draeger Safety, Inc. has leased the exclusive rights of use from him. The Breathalyzer® 900 and Breathalyzer® 900A were "approved instruments" in Canada.

Alcotest® is a registered trademark of Draeger Safety, Inc. The Alcotest® 7410 GLC and 6810 are each an "approved screening device" in Canada.

Datamaster®  is a registered trademark of National Patent Analytical Systems, Inc.  The BAC Datamaster® C  is an "approved instrument" in Canada.