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
R v Kettles, Edmonton Provincial Court – Breathalyzer Results Not Presumed Accurate Under New Law Without Certificate Of Analyst
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.