Over 80 Charge Dismissed After Breathalyzer Records Questioned

Challenge

Ms. K was charged with operating over 80 mg after providing breath samples at a Toronto police division. The readings were marginally over the legal limit.

The defence examined whether the approved instrument had been properly maintained and calibrated in accordance with regulatory standards.

Disclosure revealed:

Incomplete maintenance logs Gaps in annual inspection documentation Unclear notation regarding the simulator solution used

Our Process

01 Planning the case We conducted a line-by-line review of calibration and maintenance records. The qualifications of the breath technician and compliance with required testing protocols were closely examined. 02 Technical Review We compared documentation against statutory and regulatory requirements governing approved instruments. Any inconsistency or missing record was identified and analyzed for impact. 03 Cross-Examination Under questioning, the technician was asked to explain specific log entries and maintenance intervals. Uncertainty regarding those records raised reliability concerns. 04 Reliability Argument We argued that breath readings are only as reliable as the procedures behind them. When foundational compliance cannot be clearly established, the presumption of accuracy may be undermined.

Result

The court found that the Crown failed to establish the necessary evidentiary foundation for the breath readings. Without reliable breath evidence, the prosecution could not prove the over 80 offence. Ms. K was acquitted.