Did the qualified technician follow Alcohol Test Committee protocol?
• An “Intoxilyzer 5000C” is an “approved instrument” in Canada. The presumptions contained in section 258 of the Criminal Code of Canada provide a special pedigree for any breath instrument that is an “approved instrument”. Filing by the Crown of a “Certificate of Qualified Technician” creates a “presumption of accuracy” under Criminal Code section 258(1)(g). That presumption may be difficult to rebut. • There is a public interest in ensuring that any “approved instrument” used in Canada is in fact reliable and accurate and that it is maintained and used in accordance with Alcohol Test Committee and other protocols. • If you are charged with “over 80” you should consult with an impaired driving criminal law lawyer for advice on whether or not a challenge can be made to the reliability and accuracy of the breath instrument Intoxilyzer 5000C, 64-003503 and its accessory equipment. The breath instrument and accessory equipment screening devices, simulators, simulator thermometers, and SAS
