Bill C-46 Requires Close Attention to Zero
The provisions of Bill C-46 that define good breath tests contain new requirements that help defence lawyers.
Evidentiary Matters Breath samples 320.31 (1) If samples of a person’s breath have been received into an approved instrument operated by a qualified technician, the results of the analyses of the samples are conclusive proof of the person’s blood alcohol concentration at the time when the analyses were made if the results of the analyses are the same — or, if the results of the analyses are different, the lowest of the results is conclusive proof of the person’s blood alcohol concentration at the time when the analyses were made — if (a) before each sample was taken, the qualified technician conducted a system blank test the result of which is not more than 10 mg of alcohol in 100 mL of blood
Defence lawyers need to learn and understand how zero is set during air blanks. Zero floats on IR machines.
See the tags at this blog that deal with ambient fail and true zero.