Argument

Dec 28, 20222 min read

Reliability: Aging - Losing Memory

The Intoxilyzer® 8000 depicted in this video was once a reliable evidentiary breath testing instrument in the United States. It is...

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What is SCC: R. v. St-Onge Lamoureux "Reliability" in an Approved Intrument?

Stephen Biss

Dec 14, 20221 min read

What is SCC: R. v. St-Onge Lamoureux "Reliability" in an Approved Intrument?

Please carefully re-read what the Supreme Court of Canada said about "reliability" in R. v. St-Onge Lamoureux. Please think about and...

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What is Differential Voltage Monitoring (DVM) ?

Stephen Biss

Dec 8, 20226 min read

What is Differential Voltage Monitoring (DVM) ?

Many years ago Ontario defence lawyers cross-examined breath techs on "how much room there was" on the particular Intoxilyzer 5000C to...

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Stephen Biss

Nov 23, 20224 min read

Ancient Egypt and DUI Metrology

If you served wine or beer at a pub in ancient Egypt the beverages were measured out using liquid volume instruments like these. Each...

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Error in Facts - "Impaired Driving and Other Criminal Code Driving Offences", Jokinen and Keen

Stephen Biss

Oct 19, 20227 min read

Error in Facts - "Impaired Driving and Other Criminal Code Driving Offences", Jokinen and Keen

Does partial automation of error-checking in an approved instrument: specifically diagnostics tests, air blanks, cal. checks, and maximum...

25 views0 comments

Stephen Biss

Sep 26, 20222 min read

What is Purge Fail on an Intoxilyzer ?

What is a Purge Fail on an Intoxilyzer 8000C ? What is a Purge File on an Intoxilyzer 5000C ? How does this phenomenon affect reliability...

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What is an Ambient Fail on an Intoxilyzer 8000C?

Stephen Biss

Sep 13, 20221 min read

What is an Ambient Fail on an Intoxilyzer 8000C?

What does "ambient fail" or "ambient failed" mean on an Intoxilyzer 8000C? Watch the following video and ask yourself why the ambient...

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What is an air blank on an Intoxilyzer 8000C?

Stephen Biss

Sep 12, 20222 min read

What is an air blank on an Intoxilyzer 8000C?

What does an air blank look like on an Intoxilyzer 8000 or 8000C? What is a blank test? What is a system blank test? What does 000 mean...

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Error in Expert Agreed Fact - Evidence Before the Court in R. v. Fitts [2015] O.J. No. 2431

Stephen Biss

Jul 8, 20225 min read

Error in Expert Agreed Fact - Evidence Before the Court in R. v. Fitts [2015] O.J. No. 2431

In his decision May 13, 2015, Justice Paciocco stated: 95 I will begin with the simulator evidence, for if the simulator was not...

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COBRA Audit Trail is Essential Probative Evidence Respecting Usage Count

Stephen Biss

Jun 30, 202211 min read

COBRA Audit Trail is Essential Probative Evidence Respecting Usage Count

In Canada, wet-bath alcohol standard, used in recirculating mode, may only be used a maximum of 50 uses. The best evidence, and perhaps...

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Stephen Biss

Jun 17, 20224 min read

COBRA V and Hospital Change of Location

Warning: This blog entry was written prior to Bill C-46 during an era when forensic science in Ontario was more transparent. Prior to R....

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Is it safe to assume that the target value of the alcohol standard was 100?

Stephen Biss

Jun 10, 20223 min read

Is it safe to assume that the target value of the alcohol standard was 100?

The video below displays a variety of alcohol standards that could be used in a #duisimulator for evidentiary breath testing for...

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Good Enough for Police v. Good Enough for Charter section 7, 8, and 11(d)

Stephen Biss

May 27, 20221 min read

Good Enough for Police v. Good Enough for Charter section 7, 8, and 11(d)

I agree that single point control tests and the Internal Test Procedure (ITP) check are good practice for police. The instrument shutting...

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Stephen Biss

May 26, 20223 min read

How to Defend a DUI During the Pandemic

My experience is that disclosure has become shakier and shakier during the pandemic. Police and Crowns offices are not doing well in...

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Strengthening Forensic Science in Canada

Stephen Biss

May 10, 20224 min read

Strengthening Forensic Science in Canada

There are serious problems in forensic science in both Canada and the United States. We need a full public review of forensic science in...

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Forensic Science in Canadian Youth Courts

Stephen Biss

Apr 21, 20224 min read

Forensic Science in Canadian Youth Courts

Most of the rules of evidence that apply to adults, also apply to proceedings in Youth Courts in Canada. Police officers can give...

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Scientific Validity of Feature Comparison

Stephen Biss

Apr 19, 20223 min read

Scientific Validity of Feature Comparison

With respect to error rates in evidentiary breath testing, please see the blog entry "Error Rates and Drift in Precision". In September...

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Stephen Biss

Dec 3, 20212 min read

Verification of Digital Thermometer

Although not stated in the 8000C Training Aid, CFS scientists seem to be in agreement, that it is recommended that a NIST mercury...

16 views0 comments

Stephen Biss

Oct 19, 20189 min read

Science Evidence v. Technolgy Evidence

When qualifying an expert witness, Courts need to carefully consider the scope of expertise of the expert. Sometimes it is convenient for...

43 views0 comments

Purpose of disclosure or production of maintenance records and data

Stephen Biss

Sep 28, 20184 min read

Purpose of disclosure or production of maintenance records and data

What is the purpose in Stinchcombe/McNeil disclosure or O'Connor production of maintenance records and historical data? Government...

13 views0 comments

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