R. v. Kozun
64 C.C.C. (2d) 62
The RCMP stopped the accused and a suspicion of impairment was formed. The accused then provided three breath samples. The second breath sample was discarded as being erroneous. At trial, the accused was acquitted based on the erroneous second reading.
The usage of three tests to correct an erroneous reading is not evidence to the contrary.