February 13th, 2020
Need For Certificate Of Analyst For New Impaired Law – R v Goldson, 2019 Alberta Court of Appeal – Leave To Appeal
Appellant acquitted of driving with illegal blood alcohol limit after trial and convicted on summary conviction appeal (SCA) sought leave to appeal the conviction. Issue at trial was whether the viva voce evidence of the qualified breath technician could satisfy the requirement in s 320.31 CC that the alcohol standard be certified by an analyst. … Read More.
September 20th, 2019
Crown appeal from acquittal on a charge of ‘over 80’. Issue on appeal was the interpretation of s 320.31(1) (a) CC, which requires Crown to prove that the qualified technician who took the breath samples conducted a system calibration check with results within 10% of the target value of an alcohol standard certified by an … Read More.
July 23rd, 2019
Breathalyzer Results Not Presumed Accurate Under New Law Without Certificate Of Analyst – R v Kettles, Edmonton Provincial Court
Trial on impaired driving and ‘over 80’ charges. The Crown did not tender a Certificate of Analyst or Qualified Technician; rather, the Crown adduced the machine test sheet and the technician gave viva voce testimony. Issue of whether this met the requirements of s. 320.31 CC so as to trigger the presumption of accuracy. Held: … Read More.