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Reliability: 5000EN Same Day Diagnostics Failures


This is the same Intoxilyzer 5000EN as the previous two blog entries. The date is June 1, 2015.

Are the results of start-up or coming out of stand-by diagnostics tests at start of shift or at end of shift relevant to an assessment of the reliability of apparently normal subject tests, and passed Esc Esc C and Esc Esc D stand-alone tests produced, about the time the subject was in the breath room? Should police be required to make notes of instrument failures when they first get the instrument going at start of shift? Should police be required to video record the taking of an instrument out of stand-by? Should police be required to make notes of instrument failures later in the day? Start-up and out-of-standby diagnostics do not produce paper test records or COBRA entries. Should these failures be disclosed to the defence whether they result in an evidence card or not?

Video example of one failed start-up diagnostic among about 15 or 20 others when the author attempted to start this 5000EN on June 1, 2015. This video was captured at about 2:09 p.m. about 2 hours before the passed tests discussed in the previous blog entry.

Video of failed internal standards June 1, 2015 about 5:12 p.m. during attempt to bring instrument out of stand-by (sleep) mode about one hour AFTER successful Esc Esc Ds, Esc Esc C, and normal ACABA displayed in the previous blog entry. The failure of internal standards in this video did not produce a test record, that could be kept for evidence. This failure would probably not be saved in COBRA since it is a type of startup diagnostic. Should the operator record such a failure, after the good subject tests, in the operator's notebook and disclose it to the defence? Is this information relevant to an assessment of reliability of the instrument when the good tests were obtained and test record cards produced one hour earlier?

WARNING: This blog and these videos are NOT EVIDENCE. They are provided here to stimulate discussion among lawyers. They should not be used in Court. The author is NOT an expert witness.

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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.