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DUI Metrology Dictionary

duidictionary.com

Continuity (in the context of the actions of the qualified technicians)

As with other criminal law issues of continuity of evidence, defence lawyers will be concerned with the chain of custody of the clear liquid (or clear gas) in the (clearly identified) simulator jar (or canister of dry gas) between the point in time when the bottle that came from the lab had its seal broken and the time of use with our client, probably days later, by another qualified technician.

If the subsequent technician purports to identify the clear alcohol standard in the clear wet-bath simulator with no reference to a seal between the simulator jar and housing and with no reference to an alcohol standard log, something is very wrong.

Check to see if there is an "alcohol standard log" as in R. v. Jackson. Is there an alphanumeric seal between the simulator jar and simulator housing with recording in notes of the number? Are officers' notes complete?

The Inquiry into Pediatric Forensic Pathology in Ontario was established by the Government of Ontario under the Public Inquiries Act on April 25, 2007. The Honourable Stephen T. Goudge was appointed Commissioner. From Executive Summary, page 9:
"It follows that, although every forensic pathologist needs to be a competent
clinical pathologist, the opposite is not true. Many competent clinical pathologists
will never have an interest in forensic work and will never need to obtain the
requisite knowledge and expertise in forensic work. A forensic pathologist, how-
ever, must be trained in, and develop an aptitude for, the requirements of the legal
process. This requires an emphasis in the conduct of the post-mortem examina-
tion on identifying forensically significant findings such as injury, collecting
potentially relevant evidence, and maintaining its continuity, none of which arise
in clinical pathology"

continuity of evidence
Blog articles on continuity of evidence of the clear alcohol standard

If you are a member of the public, please don't attempt to use what you see or read at this site in Court. It is not evidence. The author is not a scientist. The author has a great deal of experience in cross-examining scientists about these issues, but the author is not a scientist. Hire a criminal lawyer in private practice in Ontario. Your lawyer can retain an expert. The author is a retired lawyer, not a lawyer in private practice. Read the statement of the purpose of this web site below.

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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.

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.

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