© 2019 Allbiss Lawdata Ltd.

This site has been built by Allbiss Lawdata Ltd. All rights reserved. This is not a government web site.

For more information respecting this database or to report misuse contact: Allbiss Lawdata Ltd., 303-470 Hensall Circle, Mississauga, Ontario, Canada, L5A 3V4, 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.

Search
  • Stephen Biss

Wet-bath Simulator Serial Number

If you are a criminal defence lawyer in a Canadian province where wet-bath alcohol standard is used, always ask for the serial number of the wet-bath simulator used by the Qualified Technician for your client's subject tests. Section 320.31(1)(a) of Canada's Criminal Code, requires that a system calibration check during the subject tests be tied to a Certificate of an Analyst, i.e. a particular bottle of alcohol standard that is a member of a box that is part of the lot certified by the Analyst. Yet it was probably a different officer that changed the alcohol standard a few days or a week prior. How will the QT in your case have knowledge of continuity unless there is careful documentation?


Knowing the serial number of the wet-bath simulator at solution change and at the time of subject tests is essential to BAC reliability because an alcohol standard in a wet-bath simulator is used in Ontario and Quebec during every evidentiary breath test. If the simulator containing alcohol standard is switched between the alcohol standard change and the subject breath tests then you can't be sure of the identity or the reliability of the alcohol standard. Documentation of continuity of the alcohol standard and the simulator is essential.


Every time that a Qualified Technician uses a wet-bath simulator, he or she should document the simulator in his or her notes. Every time that a Qualified Technician changes the liquid alcohol standard in a wet-bath simulator, he or she should document the simulator in his or her notes. Every time that a Qualified Technician uses an approved instrument associated with a wet-bath simulator, he or she should document the simulator in his or her notes. Although the printout from the approved instrument probably identifies the serial number of the approved instrument, it probably doesn't identify the serial number of the wet-bath simulator used during the subject tests.


Because the wet-bath simulator and the approved instrument are two separate instruments, they can easily be separated from each other by disconnecting two tubes with simple quick connects. For example, a police officer using one Intoxilyzer with a wet-bath simulator attached, running to a hospital or experiencing problems with the first simulator, may decide to "borrow" a different wet-bath simulator (with or without alcohol standard inside) from another Intoxilyzer or from the desk where Aprroved Screening Devices are being verified. It's very easy to switch and sometimes necessary.


A police officer who carefully records the serial number of every wet-bath simulator that he or she is using will face less challenges to their notes in Court.

1 view