DUI DWI DRE: Impaired Driving Lawyer

Courts | Instruments   



Unofficial information about this Ontario legislation is provided by the following attorney or lawyer:

Click here for sponsor

DUI, DWI & Criminal Legislation in Ontario  

Criminal Code of Canada , section: 258(1)(f.1)

Warning: This is NOT a government web site. The information provided herein has NOT been provided by a government. This information has been provided by a lawyer or attorney or student, for the purpose of providing basic information about the laws and regulations enacted by a government and the government offices that apply laws and regulations, and for the purpose of encouraging discussion and facilitating proper legal challenges related to the application of laws and regulations made by government. Citizens always have the right to challenge government. Citizens need independent information not provided by government about government offices, phone numbers, locations, and their services or lack thereof. Please note that the information provided may not be up to date. It is your responsibility to meet with a lawyer or attorney in person to get complete advice. Information provided by some government sites may also be sometimes out of date, sometimes incomplete, or sometimes focused on protection of government politicians, officers, policy initiatives, and interests. It is essential that you retain and instruct an independent lawyer or attorney to represent YOUR interests and inform you accordingly. 

DUI Procedure/Evidence, Instrument Test Record Card/Ticket

(f.1) the document printed out from an approved instrument and signed by a qualified technician who certifies it to be the printout produced by the approved instrument when it made the analysis of a sample of the accused’s breath is evidence of the facts alleged in the document without proof of the signature or official character of the person appearing to have signed it;

Comments : Subject to Interpretation Act evidence to the contrary.

Note that there are test record cards produced at times other than "when it made the analysis of a sample of the accused's breath":

Stand-alone cal. checks

Stand-alone diagnostics tests

Invalid Sample

Improper Sample

Deficient or Insufficient Sample

Some test record cards are produced at times which may or not be about the same time as "the analysis":

Unstable reference

Ambient fail

Inhibited RFI

Invalid Test (may indicate a valid test of BAC that the operator manually rejects because it isn't high enough or falls outside of 02 agreement)

It seems unfair that some test record cards are admissible in evidence under section 258(1)(f.1) but others aren't.

The existence of a subject test card indicating "internal standards passed" does not imply that the instrument is reliable or that all the information on the card is reliable. Examples include wrong dates, wrong times, wrong serial numbers, wrong data input by breath tech respecting incident and right to counsel, calibration checks based on a different zero than the subject test, police tampering with interferent calibration or a machine that only passes the basic diagnostics by banging or shaking the machine.

Update this Section | Other  Legislation in Ontario

Add a Link to a Case or List of Cases for this Section

This is not the official web site for the  Ontario legislature. 



Add a Section






| Privacy |

  WARNING: All information contained herein is provided for the purpose of providing basic information 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: This is NOT a government web site.