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Unreliability of breath test machines
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PostPosted: Mon May 16, 2016 1:28 pm 
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High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1470
Here is a good article on expert opinion that breath test machines are unreliable:
http://www.advocatedaily.com/Nathan-N.- ... baker.html

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+++ This is not legal advice, only my opinion +++


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Re: Unreliability of breath test machines
PostPosted: Mon May 16, 2016 1:51 pm 
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Joined: Fri Jun 25, 2010 3:30 am
Posts: 658
First of all this is nothing to do with the Highway Traffic Act and secondly it's being appealed.

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Re: Unreliability of breath test machines
PostPosted: Mon May 16, 2016 2:32 pm 
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Joined: Fri Nov 14, 2014 12:03 pm
Posts: 193
It could if the breath sample resulted in a 3 day administrative suspension.


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Re: Unreliability of breath test machines
PostPosted: Mon May 16, 2016 3:19 pm 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2093
Location: Ontario
UnluckyDuck wrote:
It could if the breath sample resulted in a 3 day administrative suspension.

Yes and no. The instrument in questions (Intoxilyzer 8000C) wouldn't be used for roadside readings. It's a large instrument that's typically used at the police station for testing impaired/over 80 drivers. That being said, if the reading from a roadside device was disputed, you could be taken back to the station to provide a sample into the Intoxilyzer. You could also possibly blow under the legal limit back at the station but still register over 50 and get a suspension. Of course even the expert witness acknowledges that you need a "perfect storm" of sorts to obtain a significant error that's not in the defendent's favour.

It will be an interesting case to follow because if appeal Court actually rules breath samples as being unreliable, the only solution I could think of would be a switch to blood samples. Then of course you'd have experts talking about how the alcohol swab the defendent got wiped with before having blood withdrawn tainted the readings. ;)

I hope Mr. Singh has significant money for his legal defence because I can easily see this going to the Supreme Court.


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Re: Unreliability of breath test machines
PostPosted: Mon May 16, 2016 4:19 pm 
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Joined: Fri Jun 25, 2010 3:30 am
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Certainly the Crown will run this one all the way.

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