R. v. Ramgahan

253 C.C.C

Facts

ON CJ

Accused was under the influence of alcohol and was driving a motorized vehicle in a parking lot. When officer arrived he demmanded a breath sample, accused was cautioned, and read his rights to cousil. Defence introduced that the instrument used to test his blood alcohol level was not an intoxlyzer 5000c but an intoxylyzer 5000. Professional photographers were brough in and pictures were seen of the back of the instument which all showed Model # 5000.