R. v. Fitch

R. v. Fitch

Because the Breathalyzer Model 900A reports to tenths and truncation is standard practice that gives the accused the benefit of any doubt, truncated readings do not constitute "evidence to the contrary" under s.258(1)(c); the certificate readings were reliable and the accused was properly convicted.

Source-derived case information.

Citation
2003 NSPC 13
Parties
Crown: Her Majesty the Queen; Defendant: Ivan Casper Fitch
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
16 April 2003
Procedural Posture
Criminal Impaired Driving (s.258 Criminal Code) / Trial Decision (provincial Court)
Outcome
Defendant found guilty
Legal Topics
Breathalyzer Truncation, S.258(1)(c) Evidence to the Contrary, Admissibility of Scientific Evidence, Reliability of Breathalyzer Readings
Source Language
english
Criminal Law Evidence Road Traffic Offences Breathalyzer Truncation S.258(1)(c) Evidence to the Contrary Admissibility of Scientific Evidence Reliability of Breathalyzer Readings

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Parties

Her Majesty the Queen

Crown

Ivan Casper Fitch

Defendant

Procedural Posture

Criminal Impaired Driving (s.258 Criminal Code) / Trial Decision (provincial Court)

Legal Issues

  1. 1 Whether truncated breathalyzer readings constitute "evidence to the contrary" under s.258(1)(c) of the Criminal Code
  2. 2 Whether truncation of readings undermines reliability of certified results
  3. 3 Whether technician testimony that readings were truncated but untruncated values unknown raises reasonable doubt

Ratio Decidendi

Because the Breathalyzer Model 900A reports to tenths and truncation is standard practice that gives the accused the benefit of any doubt, truncated readings do not constitute "evidence to the contrary" under s.258(1)(c); the certificate readings were reliable and the accused was properly convicted.

Court Disposition

Defendant found guilty

Orders

  • Defendant found guilty as charged