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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.

Annual Inspections Done Without Reference to Manufacturer's Specifications

May 16, 2018

 

Purpose:

To confirm that when new instruments are being evaluated, various solutions are used between 50 and 400 mg/100mls.

To confirm that when new instruments are being evaluated, the specified accuracy requirement is  +/- 5 percent of the BAC with a precision requirement of +/- 3 mg/100mls under 100 mg/100mls and +/- 2.5 percent for readings greater than 100.

To confirm that the purpose of such evaluation is to ensure the accuracy and reliability of breath tests.

This process is "type approval" in the international literature.

To obtain an admission that the manufacturer advertises that its instrument is accurate plus or minus 3 milligrams per 100 mls and standard deviation doesn’t exceed 3 milligrams per 100 mls.

To obtain an admission that under the ATC Best Practices document, new instruments must be individually inspected before being placed into service to ensure that they initially meet the manufacturer's specifications.

This process is "initial verification" in the international literature.

To obtain an admission that under the ATC Best Practices document, instruments in service must be individually inspected, periodically, to ensure that they continue to meet the manufacturer's specifications.

This process is "subsequent verification" in the international literature.

 

To obtain admissions as to the manufacturer's specifications for accuracy and precision in its advertising, in the information given to the evaluator during type approval, and in the servicing/maintenance documents given to the people who do work on these instruments on a regular basis.

 

To obtain an admission that although the local police service appears to be doing annual and periodic inspections, they are doing so without reference to the manufacturer's specifications for accuracy and precision across the measuring interval of the instrument.

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If you are a Canadian criminal defence lawyer and you wish to learn more about cross-examination on these issues, we suggest that you visit the Members page at www.impaired-driving.com and enroll in the three online courses that are described therein. Once you have completed the three online courses, you can apply to become a full Member at that site, and if you are accepted for membership, you will have access to the much more extensive Members Only Blog at that site, as well as  additional international resources, links, and materials.

If you are a Canadian criminal defence lawyer and you wish to learn more about cross-examination of Drug Recognition Experts we recommend that you attend an online or recorded session at  https://www.impaired-driving.com/dre-tutorial.

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