July 23rd, 2019

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

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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.

August 28th, 2018

Impaired Acquittal As Presumption Of Accuracy Not Available – R v Schroeder, 2018 Edmonton Provincial Court

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Impaired driving trial for charges under ss. 253(1)(a) and (b) CC. Readings of 110mg% and 100mg% were noted on the Certificate of Analysis, but investigating officer testified that the technician advised, and he recorded in his notes, readings of 120mg% and 100mg%. Held: Acquittal. “The evidence in the present case shows that the instrument may … Read More.