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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.

January 31, 2018

Purpose: To obtain an acknowledgement from a CFS scientist that even though he would exclude data outside  (Maximum Permissible Error) 90 to 110 in calculating precision, at least one police service in Ontario is using data outside 90 to 110 in calculations of precisio...

January 30, 2018

Purpose:

To challenge the opinion that data outside  maximum permissible error (outside +/- 10 mg%) should be excluded from any calculation of precision.

The cross-examiner should have called evidence in reply from a statistician or other expert in outliers.

January 29, 2018

Purpose:

To establish a better methodology for calculating precision of an approved instrument in service.

To apply CFS methodology using control checks re calculation of uncertainty of measurement in blood/urine analysis to evidentiary breath testing.

January 28, 2018

Purpose:

To educate the Court as to the inadequacy of calculation of the instrument's precision by the local police service, close in time to the subject tests.

To obtain admissions from the CFS expert as to proper methods for calculating precision.

To confirm evidence th...

January 27, 2018

Purpose:

To obtain admissions about the use of historical control test data by the Centre of Forensic Sciences in Toronto to calculate standard deviation and uncertainty of measurement.

To obtain an admission that the same approach could be used with historical data of I...

January 26, 2018

Purpose:

Confirming why disclosure of COBRA or other downloaded data is relevant to understanding the reasons why an instrument needed to be sent to the factory for re-calibration.

To establish the need for an O'Connor order to produce documentation of what was meant by...

January 25, 2018

Purpose:

To establish non-compliance with the Standard Operating Procedure respecting entering accurate data into the tombstone data prior to a configuration of the alcohol standard or a subject test

To establish improper use of the Esc Esc E function checking date and t...

January 24, 2018

Purpose:

To explore the lack of a lab setting when accuracy and precision of the instrument are checked on periodic or annual inspection.

To explore the lack of Standard Operating Procedures when accuracy and precision of the instrument are checked on periodic or annual...

January 23, 2018

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...

January 22, 2018

Purpose:

To remind the Court of the concept of "reliability" used by the SCC in St-Onge.

To educate the Court as to the definitions of "accuracy", "precision", and "reliability" used by Brian Hodgson in his paper relied on by the SCC in St-Onge.

To focus on drift in accur...

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