#DUISimulator

Appendix E: Location & Anecdotal Notes in Log

Sep 16, 2022
2 min

Appendix E: Location & Anecdotal Notes in Log

Tip 30: The CFS 8000C Training Aid of 2013 at page 191 of 238, Appendix "E" recommends that the Alcohol Standard Log, updated by the solution change QT, and referred to by the subject test QT include, inter alia, the "location of the instrument" and anecdotal "observations made during the changing of the standard". Location of the instrument at the time of the last solution change is essential information for the defence. If there has been a change of location between the las

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Stephen Biss

Sep 9, 2022
1 min

Anecdotal Notes in Alcohol Standard Log

Tip 29: Obtain disclosure, of the full #duisimulator alcohol standard log, to search for anecdotal notes of difficulties experienced by simulator change QTs. An anecdotal note is a good clue in defence investigation of the possibility that the simulator jar was chipped at the edge or cracked. Does further disclosure of maintenance records reveal that the simulator jar needed to be replaced in the next few months? Did a prior solution change officer have difficulty getting a g

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Stephen Biss

Aug 18, 2022
2 min

Ambient Interferents Compromise Reliability of Control Tests

Tip 48: The reliability of control tests using the alcohol standard in a wet-bath #duisimulator may be compromised by the presence in the breath room air of an interferent, if the approved instrument confuses the interferent as ethyl alcohol. In the same way that ambient ethyl alcohol can raise the zero baseline, so can an ambient interferent. Interferents may include paint, cleaning fluids, fingerprint cleanup fluids, and chemicals on the clothing or breath of the accused or

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Stephen Biss

Jul 29, 2022
2 min

COBRA of Low Cal Check Sequences

Tip 22: Study #duisimulator COBRA for clusters of low climbing cal checks at 3400. It's a lot of work, but if you obtain complete COBRA in its native raw text fomat or Excel format, you can sometimes find several clusters of cal checks below 90 for the same instrument and detachment. You need to "Unmerge" the data first if it is COBRA V. Next highlight the data (omit the headings) and make sure the data is sorted chronologically. Use the "Find" function in Excel to hunt for i

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Stephen Biss

Jul 27, 2022
1 min

COBRA May Reveal RS232 Interface

Tip 23: If you obtain COBRA by Crown co-operation, Stinchcombe, O'Connor, or FOI, #duisimulator temperatures such as 33.95 or 33.99 will quickly tell you that police are relying on an RS-232 interface connection between the 8000C and the Guth 2100. This information is very useful to the defence in determining the protocol that should have been used by the qualified technician based on the CFS 8000C Training Aid. You will notice these temperature recordings, to two decimal pl

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Continuity: Outgoing = Incoming Seal Numbers

Stephen Biss

Jul 15, 2022
2 min

Continuity: Outgoing = Incoming Seal Numbers

Tip 39: The key to usefulness of alphanumeric seals on a #duisimulator is whether or not the incoming seal number on the subsequent solution change date equals the outgoing seal number on the prior solution change date. If the incoming seal number does not match the outgoing seal number, then an inference can be drawn that someone broke the seal and replaced the seal between those two dates. If someone broke the seal, then an inference can be drawn that they, or someone else,

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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 calibration checks, other control checks, and instrument calibration in Ontario. Please bear in mind that Approved Screening Devices require calibration and calibration checks every bit as much as Approved Instruments. "Calibration" of an Approved Instrument at the Canadian Authorized Service Centre may be an issue - what standards other than 100 w

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Stephen Biss

Jun 6, 2022
1 min

The Perfect Simulator

Tip 20: Peel Regional Police Service has a #duisimulator DR5790 associated with Intoxilyzer 80-004789 that perfectly maintained its temperature at exactly 34.00 C in the following years: 2012 1139 subject tests and cal checks @ 34.00 and no other temperature 2013 1126 subject tests and cal checks @ 34.00 and no other temperature Data from a COBRA download can be sorted in Excel to hold fields such as source and res_type constant. The following is a simulated excerpt of a p

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Stephen Biss

Jun 6, 2022
1 min

COBRA Data Disclosure: Always 34.00?

Tip 19: One of the best ways to tell whether or not QTs in your jurisdiction are taking Quality Assurance (QA) and Quality Control (QC) seriously, is to obtain COBRA data of #duisimulator temperatures that have been keyed by various QTs at the detachment for the last year. Alternatively obtain COBRA and sort and filter the COBRA for the particular officer who is the QT in your case. If the temperature always reads 34.00, something is very wrong. Simulators may be reliable to

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How Many Wet-bath Simulators at the Detachment?

Stephen Biss

Jun 2, 2022
2 min

How Many Wet-bath Simulators at the Detachment?

Tip 2: Find out the wet-bath #DUISimulator quantity at the detachment, their model numbers, calibration / service histories, and use with AIs or ASDs. Do this by cross-examination, disclosure, O'Connor, or FOI. Apart from asking for it in disclosure, you can find it pretty easily in FOIs of local police maintenance records. If a detachment has only one or two simulators they may need to use the same Guth 2100 wet-bath simulator that they use for their Intoxilyzer 8000C for o

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Stephen Biss

May 28, 2022
4 min

Continuity of the Alcohol Standard

Tip 34: The use of an alcohol standard during evidentiary breath testing in Canada was not mentioned in the Criminal Code as a condition precedent to former section 258(1)(c), but it seems that everyone in the judicial system and the scientific community in Canada assumed it was a condition precedent. In the Bill C-2 258(1)(c) era, we could rebut the presumptions of accuracy/identity/reliability with evidence tending to show. In the Bill C-46 section 320.31(1)(a) era, we need

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Stephen Biss

May 6, 2022
2 min

Location is Everything

Tip 31: Location is everything when it comes to a #duisimulator in Ontario. The CFS Training Aid recommends that the alcohol standard be emptied prior to transport of the simulator and replaced upon arrival at a new location, such as a hospital. See Training Aid 2013 page 83 of 238, item 4. An astute defence lawyer will study the Alcohol Standard Log, Intoxilyzer Test Records and COBRA data to determine if the Intoxilyzer 8000C and simulator have recently been to a hospital o

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Stephen Biss

Apr 30, 2022
3 min

Know the Simulator Probes

Tip 24: Knowledge of #duisimulator probes assists understanding of function & malfunction of thermistor, heater, and thermometer(s). Many of our trials involve events that happened in Canadian winter conditions. Running evidentiary breath testing of subjects from a breath truck can be challenging for a qualified technician. Defence lawyers need to pay attention to whether or not the wet-bath simulator used in winter in a breath truck was being used properly. Pay close attenti

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Stephen Biss

Apr 9, 2022
3 min

Reliability - Calibration is a Curve

Tip 50: When an "approved instrument" is calibrated at the factory, the manufacturer doesn't simply adjust the electronics in the instrument to one concentration of ethyl alcohol. The electronics in a new instrument must be tweaked (using a screwdriver pre-2000 and software post-2000) so that electrical signals coming from the detector and other circuitry are accurately and precisely read by the instrument's software to output values corresponding to ethyl alcohol values of m

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