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    Police Fail to Correct a Linearity Problem on In-House Annual Inspection
    Stephen Biss
    • Mar 29, 2018
    • 6 min

    Police Fail to Correct a Linearity Problem on In-House Annual Inspection

    Let's suppose that you obtain disclosure or Freedom of Information documents respecting In-house Periodic Inspections by your local police service of their approved instruments. What can you do with that information? Purpose of this example cross-examination: To obtain an admission from the CFS scientist that the disclosed annual maintenance records indicate that the police failed to take any steps to correct control tests on inspection that indicated the instrument's respons
    9 views0 comments
    Police No Longer Follow ATC Best Practices Respecting Tolerance
    Stephen Biss
    • Mar 28, 2018
    • 5 min

    Police No Longer Follow ATC Best Practices Respecting Tolerance

    Purpose of this sample cross-examination: To demonstrate that when the particular instrument was first placed into service, the tolerance verified by the independent authorized service centre for each of three test values was +/- 3 mg/100mls. To demonstrate that the initial verification matched the manufacturer's published specifications of accuracy +/- 3 mg/100mls. To demonstrate that when the particular instrument is subsequently being annually checked, by the police servic
    7 views0 comments
    Stephen Biss
    • Jan 23, 2018
    • 1 min

    Being Intolerant Depends on Humans not the Machine

    Purpose: To challenge the Crown's assertion that the AI will automatically shut down if anything is out of tolerance or ATC or manufacturer's specifications. Let's suppose the Crown's expert says this about the Intoxilyzer 8000C: "If the calibration check is outside the acceptable range, you’re not going to be able to proceed with testing." The expert is saying in other words, the instrument is smart enough to make sure that cal. checks are foolproof, and you can't proceed wi
    1 view0 comments

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    For more information respecting this database or to report misuse contact: Allbiss Lawdata Ltd., Mississauga, Ontario, Canada, 905-273-3322. The author and the participants make no representation or warranty  whatsoever as to the authenticity and reliability of the information contained herein.  WARNING: All information contained herein is provided  for the purpose of discussion and peer review only and should not be construed as formal legal advice. The authors disclaim any and all liability resulting from reliance upon such information. You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney. 

    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.