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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.

August 20, 2018

Purpose:

To obtain admissions that the opinion of the Crown expert (and indirectly the 2012 ATC Position Paper) that single point control test(s) at time of use are adequate to establish reliability is based upon a hypothesis that has no empirical study to support the h...

April 27, 2018

Purpose:

To obtain an admission that when government scientists conduct a quantitative analysis to determine blood alcohol concentration using blood, urine, or serum, they use positive and negative controls.

To obtain an admission from the government scientist that when...

April 20, 2018

Purpose:

To establish that if there is an indication in the maintenance records that the instrument was taken out of service for consistently low checks, it is necessary to obtain disclosure or production of the contemporaneous documentation by the inspector, who made t...

April 5, 2018

Purpose:

To explain to the Court, the differences between ABA (Esc Esc B) and ACA (Esc Esc C) sequences

To confirm that ABA sequences are not recorded in COBRA data but ACA sequences are recorded in COBRA data.

To explain to the Court why the calibration checks at 40 or 5...

March 25, 2018

Purpose:

To explore the differences between a measurement instrument that has a linear relationship between the thing measured and the result v. a measuring instrument that has a calibration curve.

To search for an admission that the calibration curve can shift up or dow...

March 23, 2018

Purpose:

To establish that the hypothesis by the ATC/CFS, that any drift in instrument response (what Hodgson describes as significant drift in accuracy and precision over time) will always be caught by a single point control test, is not supported by any empirical stud...

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...

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 13, 2018

Purpose:

To separate conceptually control tests from calibration

To obtain an admission that there are no "assessors" in the province of Ontario

To obtain an admission that the historical maintenance records show a deterioration of performance - deterioration of linearity...

January 10, 2018

Purpose:

To obtain admissions that the concept of single point control test(s) at time of use is adequate, to verify calibration has not changed over time, is not good measurement science.

To obtain admissions that checks of linearity during annual maintenance or other p...

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