Unreliability of breath test machines

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Stanton
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Joined: Tue Feb 01, 2011 8:49 pm
Location: Ontario

by: Stanton on
Mon May 16, 2016 3:19 pm

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 Then of course you'd have experts talking about how the alcohol swab the defendent got wiped with before having blood withdrawn tainted the readings.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