A good understanding of "reliability" is essential to competent DUI defence. You will build that understanding through study and experience. Over time you will be able to explain "reliability" to Judges in argument. You will be able to competently cross-examine breath techs (many who think of "reliability" as tests without error flags, apparent good agreement, and apparent compliance with norms). It is amazing how much helpful opinion evidence, Crown experts will concede to the defence, when competently cross-examined on the scientific meaning of "reliability".

When criminal defence lawyers fail to competently press the Crown on "reliability", miscarriages of justice will occur, such as those uncovered by the Motherisk Inquiry Report.

When Parliament enacts legislation that permits innocent convictions through use of unreliable measurement, it is the responsibility of criminal defence lawyers to challenge the constitutionality of that legislation. When provinces permit sloppy forensic measurement by the police, it is the responsibility of the defence Bar to challenge systemic abuse of the criminal justice system.

Continuing Education Courses for Canadian Defence Lawyers

Courses Available to Anyone On-Demand But Designed for Canadian Defence Lawyers:

(Prepared pre-C-46 but updated]

Basic course: This course is good for those who want to know the basics of DUI defence and prepare for cross-examinations of breath techs under Bill C-46.

"How Do I Fight a DUI charge? Attorneys and Lawyers in Canada"

 

Intoxilyzer Sequences Course: If you can't take one of my in-office hands-on courses using Intoxilyzers, this is the best substitute. The focus is on the command sequences and proper operator procedure.

"Defense of a DUI Breathalyzer Charge by an Ontario Attorney"

 

Wet-bath Simulators Course: Under Bill C-46 our defences are limited. Our focus will often be on the control tests and air blanks. Intermediate level students need to build a good grasp of how the wet-bath simulators are used in Ontario and how the dry gas alcohol standard is used in western Canada.

"DUI Defence in Canada: wet-bath simulator alcohol standard"

 

 

 

May 4 and June 18, 2018 Drug Recognition Expert Tutorials at Mississuaga for Canadian defence lawyers only:

1. May 4: Ben Joseph, MD, Joel Mayer, Ph.D., and David Rosenbloom, Pharm. D.

2. June 8, 2018: Nathan Baker, Ontario lawyer and David Rosenbloom, Pharm. D.

Recordings of these sessions are now available to defence lawyers

March 1, 2019 Mississauga for Canadian defence lawyers only:

1. cannabis, THC, CBD, and metabolites

2. use of an Intoxilyzer 8000 and a Guth 2100 wet-bath simulator hands-on

Recordings of these sessions are now available to defence lawyers

April 12, 2019 Ottawa for Canadian defence lawyers only:

1. cannabis, THC, CBD, and metabolites, theory of operation and the limitations of the Draeger DrugTest 5000

2. use of an Intoxilyzer 8000 and a Guth 2100 wet-bath simulator hands-on

Recordings of these sessions are now available to defence lawyers

2018-2020 Section 320 and the 8000C Archive of Courses and Materials for Canadian defence lawyers only:

An archive of many hours of lectures, recordings, lecture transcripts, and materials in a Private Udemy on-demand course. If you are a Canadian criminal defence lawyer, contact us for more information, a link, and a Password.

© 2020 Allbiss Lawdata Ltd. All rights reserved. This is not a government web site.

 

 

For more information respecting this database or to report misuse contact: Allbiss Lawdata Ltd., 303-470 Hensall Circle, Mississauga, Ontario, Canada, L5A 3V4, 905-273-3322. The author and the participants make no representation or warranty  whatsoever as to the authenticity and reliability of the information contained herein.  WARNING: All information contained herein is provided  for the purpose of discussion and peer review only and should not be construed as formal legal advice. The authors disclaim any and all liability resulting from reliance upon such information. You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney. 

WARNING: Please do not attempt to use any text, image, or video that you see on this site in Court. These comments, images, and videos are NOT EVIDENCE. The Courts will need to hear evidence from a properly qualified expert. The author is not a scientist. The author is not an expert. These pages exist to promote discussion among defence lawyers.

 

Intoxilyzer®  is a registered trademark of CMI, Inc. The Intoxilyzer® 5000C is an "approved instrument" in Canada.
Breathalyzer® is a registered trademark of Draeger Safety, Inc., Breathalyzer Division. The owner of the trademark is Robert F. Borkenstein and Draeger Safety, Inc. has leased the exclusive rights of use from him. The Breathalyzer® 900 and Breathalyzer® 900A were "approved instruments" in Canada.
DrugTest® 5000 is also a registered trademark of Draeger Safety, Inc.. DrugTest® 5000 is "approved drug screening equipment" in Canada.
Alcotest® is a registered trademark of Draeger Safety, Inc. The Alcotest® 7410 GLC and 6810 are each an "approved screening device" in Canada.
Datamaster®  is a registered trademark of National Patent Analytical Systems, Inc.  The BAC Datamaster® C  is an "approved instrument" in Canada.