Reliability: Aging - Losing Memory
The Intoxilyzer® 8000 depicted in this video was once a reliable evidentiary breath testing instrument in the United States. It is...
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Stephen Biss
- Dec 14, 2022
- 1 min
What is SCC: R. v. St-Onge Lamoureux "Reliability" in an Approved Intrument?
Please carefully re-read what the Supreme Court of Canada said about "reliability" in R. v. St-Onge Lamoureux. Please think about and...
1 view0 comments
Stephen Biss
- Dec 8, 2022
- 6 min
What is Differential Voltage Monitoring (DVM) ?
Many years ago Ontario defence lawyers cross-examined breath techs on "how much room there was" on the particular Intoxilyzer 5000C to...
4 views0 comments
Stephen Biss
- Nov 23, 2022
- 4 min
Ancient Egypt and DUI Metrology
If you served wine or beer at a pub in ancient Egypt the beverages were measured out using liquid volume instruments like these. Each...
3 views0 comments
Stephen Biss
- Oct 19, 2022
- 7 min
Error in Facts - "Impaired Driving and Other Criminal Code Driving Offences", Jokinen and Keen
Does partial automation of error-checking in an approved instrument: specifically diagnostics tests, air blanks, cal. checks, and maximum...
20 views0 comments
Stephen Biss
- Sep 26, 2022
- 2 min
What is Purge Fail on an Intoxilyzer ?
What is a Purge Fail on an Intoxilyzer 8000C ? What is a Purge File on an Intoxilyzer 5000C ? How does this phenomenon affect reliability...
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Stephen Biss
- Sep 13, 2022
- 1 min
What is an Ambient Fail on an Intoxilyzer 8000C?
What does "ambient fail" or "ambient failed" mean on an Intoxilyzer 8000C? Watch the following video and ask yourself why the ambient...
26 views0 comments
Stephen Biss
- Sep 12, 2022
- 2 min
What is an air blank on an Intoxilyzer 8000C?
What does an air blank look like on an Intoxilyzer 8000 or 8000C? What is a blank test? What is a system blank test? What does 000 mean...
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![Error in Expert Agreed Fact - Evidence Before the Court in R. v. Fitts [2015] O.J. No. 2431](https://static.wixstatic.com/media/fcec14_12f743a844d145f6934a8a9e3257b08e~mv2.jpg/v1/fill/w_414,h_260,fp_0.50_0.50,q_90,enc_auto/fcec14_12f743a844d145f6934a8a9e3257b08e~mv2.jpg)
Stephen Biss
- Jul 8, 2022
- 5 min
Error in Expert Agreed Fact - Evidence Before the Court in R. v. Fitts [2015] O.J. No. 2431
In his decision May 13, 2015, Justice Paciocco stated: 95 I will begin with the simulator evidence, for if the simulator was not...
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Stephen Biss
- Jun 30, 2022
- 11 min
COBRA Audit Trail is Essential Probative Evidence Respecting Usage Count
In Canada, wet-bath alcohol standard, used in recirculating mode, may only be used a maximum of 50 uses. The best evidence, and perhaps...
6 views0 comments
Stephen Biss
- Jun 17, 2022
- 4 min
COBRA V and Hospital Change of Location
Warning: This blog entry was written prior to Bill C-46 during an era when forensic science in Ontario was more transparent. Prior to R....
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Stephen Biss
- Jun 10, 2022
- 3 min
Is it safe to assume that the target value of the alcohol standard was 100?
The video below displays a variety of alcohol standards that could be used in a #duisimulator for evidentiary breath testing for...
16 views0 comments
Stephen Biss
- May 27, 2022
- 1 min
Good Enough for Police v. Good Enough for Charter section 7, 8, and 11(d)
I agree that single point control tests and the Internal Test Procedure (ITP) check are good practice for police. The instrument shutting...
3 views0 comments
Stephen Biss
- May 26, 2022
- 3 min
How to Defend a DUI During the Pandemic
My experience is that disclosure has become shakier and shakier during the pandemic. Police and Crowns offices are not doing well in...
5 views0 comments
Stephen Biss
- May 10, 2022
- 4 min
Strengthening Forensic Science in Canada
There are serious problems in forensic science in both Canada and the United States. We need a full public review of forensic science in...
14 views0 comments
Stephen Biss
- Apr 21, 2022
- 4 min
Forensic Science in Canadian Youth Courts
Most of the rules of evidence that apply to adults, also apply to proceedings in Youth Courts in Canada. Police officers can give...
7 views0 comments
Stephen Biss
- Apr 20, 2022
- 3 min
Scientific Validity of Feature Comparison
With respect to error rates in evidentiary breath testing, please see the blog entry "Error Rates and Drift in Precision". In September...
11 views0 comments
Stephen Biss
- Dec 3, 2021
- 2 min
Verification of Digital Thermometer
Although not stated in the 8000C Training Aid, CFS scientists seem to be in agreement, that it is recommended that a NIST mercury...
13 views0 comments
Stephen Biss
- Oct 19, 2018
- 9 min
Science Evidence v. Technolgy Evidence
When qualifying an expert witness, Courts need to carefully consider the scope of expertise of the expert. Sometimes it is convenient for...
33 views0 comments
Stephen Biss
- Sep 28, 2018
- 4 min
Purpose of disclosure or production of maintenance records and data
What is the purpose in Stinchcombe/McNeil disclosure or O'Connor production of maintenance records and historical data? Government...
12 views0 comments
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