R. v. Zeimer

[1993] N.S.J. No. 508

Facts

NS SC

Accused was stopped on a highway after he had been speeding. The officer formed openion that the accused had been drinking due to bloodshot eyes and flushed fase. The accused failed the A.L.E.R.T test and was givin a breath demand. Cst Hirtle a qualified tech made a trascription error when he put the wrong Lot number, he wrote down the ampoule number instead. At trial the issue was put forth wheather the lot number can be corrected by the viva voce which the trail judge accepted.

Issue

NS SC

1) does a mistake in a certificate render the certificate inadmissible? 2) can a mistake in a certificate be corrected by a viva voce?

Reasons

NS SC

Trial judge erred in not admitting the certificate where it was complete on its face. He should have admitted the certificate complete on its face and then permitted the viva voce evidence to correct the transcription error

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