Unreliability of breath test machines

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jsherk
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Unreliability of breath test machines

Unread post by jsherk on

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


argyll
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Unread post by argyll on

First of all this is nothing to do with the Highway Traffic Act and secondly it's being appealed.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


UnluckyDuck
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Unread post by UnluckyDuck on

It could if the breath sample resulted in a 3 day administrative suspension.


Stanton
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Unread post by Stanton on

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 Then of course you'd have experts talking about how the alcohol swab the defendent got wiped with before having blood withdrawn tainted the readings.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.


argyll
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Unread post by argyll on

Certainly the Crown will run this one all the way.




Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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