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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.

February 28, 2018

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 di...

February 26, 2018

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-calibrati...

February 25, 2018

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 instrumen...

February 20, 2018

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 C...

February 19, 2018

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 th...

February 18, 2018

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 o...

February 17, 2018

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...

February 16, 2018

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...

February 15, 2018

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 scientifi...

February 14, 2018

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 fac...

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OIML R126 is the International Standard for Evidential Breath Analyzers

August 14, 2018

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