R. v. Carles

[2003] O.J. No. 4860

Facts

ON CJ

accused arrested for over 80 and imparied, when taken to the police station, the accused results in the intoxilyzer were 190 and 170mg/100ml. an expert was brought to court and he had testified that the accused should have had a result of 52mg/100ml of blood. The accused took medication and the expert testified that certian medications can, if mixed with alcohol, make the accused tired, fatigued, a little dizzy, perhaps thick tounged.

Reasons

ON CJ

another expert testified that the results of the intoxilyzers are accurate because the calibration of the instrument is assessed at the time of the breath test by testing an alcohol standard designed for use with that instrument. If the results of the calibration check using that alcohol standard are acceptable, that is within a given range is 90 to 110 milligrams of alcohol in 100 milliliters of Blood.

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