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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...
Stephen Biss
Jun 30, 202211 min read


Are police officers tempted to record 34.00 without actually checking the simulator thermometer?
Tip 21: A CFS scientist has acknowledged police sometimes are tempted to record 34.0. Evidence of a CFS scientist, Dr. L, April 10, 2013,...
Stephen Biss
Jun 24, 20221 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....
Stephen Biss
Jun 17, 20224 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...
Stephen Biss
Jun 10, 20223 min read


The Perfect Simulator
Tip 20: Peel Regional Police Service has a #duisimulator DR5790 associated with Intoxilyzer 80-004789 that perfectly maintained its...
Stephen Biss
Jun 6, 20221 min read


COBRA Data Disclosure: Always 34.00?
Tip 19: One of the best ways to tell whether or not QTs in your jurisdiction are taking Quality Assurance (QA) and Quality Control (QC)...
Stephen Biss
Jun 6, 20221 min read


How Many Wet-bath Simulators at the Detachment?
Tip 2: Find out the wet-bath #DUISimulator quantity at the detachment, their model numbers, calibration / service histories, and use with...
Stephen Biss
Jun 2, 20222 min read


Continuity of the Alcohol Standard
Tip 34: The use of an alcohol standard during evidentiary breath testing in Canada was not mentioned in the Criminal Code as a condition...
Stephen Biss
May 28, 20224 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...
Stephen Biss
May 27, 20221 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...
Stephen Biss
May 26, 20223 min read


Cross-examination of solution change QT using COBRA
There are three conditions precedent to the Crown's use of the "conclusive proof" presumption in secton 320.31(1) of the Criminal Code of...
Stephen Biss
May 20, 20228 min read


Cross-examination of Solution Change QT on Standard Operating Procedures (SOPs)
The cross-examination example below, is of a very, very, experienced and respected qualified technician. Notwithstanding his training and...
Stephen Biss
May 15, 20225 min read


Preparation for Cross-examination Using COBRA
Two reasons why the data, close in time to the subject test date, included in Intoxilyzer COBRA downloads, is useful to the defence in...
Stephen Biss
May 13, 202232 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...
Stephen Biss
May 10, 20224 min read


Location is Everything
Tip 31: Location is everything when it comes to a #duisimulator in Ontario. The CFS Training Aid recommends that the alcohol standard be...
Stephen Biss
May 6, 20222 min read


Know the Simulator Probes
Tip 24: Knowledge of #duisimulator probes assists understanding of function & malfunction of thermistor, heater, and thermometer(s). Many...
Stephen Biss
Apr 30, 20223 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...
Stephen Biss
Apr 21, 20224 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...
Stephen Biss
Apr 19, 20223 min read


Chips & Cracks in the Simulator Jar
Tip 28: Make inquiries about chips or cracks in the simulator jar. Use a FOI application, Stinchcombe, O'Connor, or cross-examine to make...
Stephen Biss
Apr 19, 20221 min read


Reliability - Calibration is a Curve
Tip 50: When an "approved instrument" is calibrated at the factory, the manufacturer doesn't simply adjust the electronics in the...
Stephen Biss
Apr 9, 20223 min read
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