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Attempt to Distinguish R. v. Jackson
Purpose of this Argument: To distinguish R. v. Jackson on the basis of a differences in facts. Distinguishing the Jackson[92] Decision As...
Stephen Biss
Jan 20, 20188 min read


No Sampling of Aging Instruments in the Field
Purpose: To suggest that ATC/CFS scientists cannot provide any scientific opinion of the reliability of aging instruments out in the...
Stephen Biss
Jan 19, 20185 min read


Durability Over Time
Purpose: To obtain admissions respecting the inadequacy of ATC / CFS recommendations in requiring "stability of metrological...
Stephen Biss
Jan 18, 201810 min read


Each Test Stands on Its Own
Sample cross-examination on the ATC and CFS Position Paper policy that every test stands on its own - that "reliability" has nothing to...
Stephen Biss
Jan 17, 20185 min read


All of the Software is Legally Relevant
Purpose: To establish that the international literature indicates that all of the approved instrument's software is legally relevant to...
Stephen Biss
Jan 17, 20184 min read


International Std OIML R126 Mandates Maximum Permissible Error
Sample Cross-examination of CFS expert on OIML standard R126 (2012) respecting maximum permissible error in evidentiary breath...
Stephen Biss
Jan 16, 20185 min read


No Supervision by ATC, CFS, or Anyone of Annual/Periodic Inspection SOPs
Purpose: To show that the ATC recommendations for operational procedures at time of use do not account for the need during inspections to...
Stephen Biss
Jan 15, 20186 min read


Is an Approved Instrument Really a Screening Device?
Purpose: To suggest that an AI is a quantitative analysis instrument and an ASD is a qualitative analysis instrument and suggest that the...
Stephen Biss
Jan 15, 201813 min read


Manipulating Control Test Data to Enhance Precision
Purpose: To neutralize the government scientist's assertion that anomalous data should be excluded from calculation of precision. To...
Stephen Biss
Jan 15, 20186 min read


Error Rates and Drift in Precision
Purpose: To establish that the ATC/CFS is not sampling from aging instruments out in the field to determine error rates To establish that...
Stephen Biss
Jan 14, 20187 min read


Federal Government Policy and Mandatory Calibration Intervals
Purpose: To obtain an admission that the ATC Position Paper of 2012 contradicts the federal government policy in the Fairness at the...
Stephen Biss
Jan 14, 20182 min read


Control Tests do not displace Formal Calibration Intervals
Purpose: To separate conceptually control tests from calibration To obtain an admission that there are no "assessors" in the province of...
Stephen Biss
Jan 13, 20187 min read


R. v. Vallentgoed Distinguished on facts - Short Calibration Interval
Purpose: To obtain admissions from the Crown expert to enable argument that Vallentgoed can be distinguished on its facts - particularly...
Stephen Biss
Jan 13, 201817 min read


Short Calibration Interval and Reliability
Why is disclosure of information about the "calibration" of the approved instrument essential to any assessment of the reliability of a...
Stephen Biss
Jan 12, 20184 min read


Linearity Studies are Done on New Instruments not Aging Instruments
Purpose: To obtain admissions that the published studies dealing with the linearity of approved instruments assume a new instrument...
Stephen Biss
Jan 12, 20182 min read


Instrumental Deviations from Beer-Lambert Law
This blog entry explores the use of a university textbook during cross-examination of a CFS scientist on "Instrumental Deviations from...
Stephen Biss
Jan 11, 201810 min read


Bandwidth of Filters Changes Over Time
Sample cross-examination of CFS scientist on aging IR filters. IR instruments use light filters at the end of the sample chamber. As...
Stephen Biss
Jan 11, 20184 min read


Beer-Lambert Law as Stated in Training Aid is Over-Simplified and Inadequate
This blog entry contains excerpts from the cross-examination of a CFS scientist during an over 80 trial. It was suggested to the...
Stephen Biss
Jan 10, 201811 min read


The "known" is the original calibration of the instrument
Purpose: To separate the concepts of "calibration" from "control checks" To clarify that "calibration" is something that happens at the...
Stephen Biss
Jan 10, 20182 min read


Traceability of a Measurement Result
Purpose: To educate the Court about the meaning of "traceability" in measurement science. To obtain an admission that there is a...
Stephen Biss
Jan 9, 201812 min read
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