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DUI Metrology Dictionary

duidictionary.com

Verification: Initial verification

VIML 2.12

verification of a measuring instrument which
has not been verified previously

In Canada, the Alcohol Test Committee has said in its 2020-05-29 "Best Practices":

"All Approved Instruments, Approved Screening Devices and accessory equipment intended for
active use in the program shall be individually inspected before being placed into service, and
periodically thereafter, to ensure that they initially meet, and continue to meet the
manufacturer’s specifications. The recommended interval between inspections is one year. All
inspections shall be performed by persons deemed by the Program Director to meet the
qualifications described in paragraph III.C. below. Accessory equipment includes simulators
or other equipment required for the use or calibration of Approved Instruments and Approved
Screening Devices."

Note the words: "shall be individually inspected before being placed into service".

The reliability of the measurement result of a particular approved instrument (with a unique serial number) depends, inter alia, upon the calibration curve (for each system but particulaly the ethyl alcohol quantitative analysis system) established at the factory or at a factory-authorized re-calibration. The reliability of the measurement result of a particular approved instrument (with a unique serial number) does not, in science, depend on its "type or kind" i.e. its model number and listing in the Attorney General's Regulation. This important distinction between good metrological science and Canadian Criminal Code section 320 law represents a serious flaw in Canadian forensic science. Lawyers, Judges, and students need to be aware of this flaw.

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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