Alcohol standard expired long after offence date

Criminal Law - Offences against the person and reputation - Driving/care or control with excessive alcohol [over 80]

Certificate of analyst stated alcohol standard solution used in Intoxilyzer had dates of manufacture and expiry of 2014/03 and 2016/03/31 respectively. In her cross-examination, breath technician stated it had it “had expiry date of 2014-03 and 2016-03 respectively”. Accused was convicted of driving with excess blood alcohol. Accused appealed. Appeal dismissed. Trial judge was entitled, and correct, to find that alcohol standard expired on March 31, 2016, long after offence date. Such interpretation gave words of certificate of analysis their ordinary meaning and accorded with common sense.

R v. Caron (2019), 2019 CarswellOnt 6493, 2019 ONSC 2491, Sproat J. (Ont. S.C.J.).

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