In a summary conviction appeal court, is a failure to comply with the observation period considered evidence of an operational deficiency?
Alberta, Canada
The following excerpt is from R. v. Vetsch, 2013 ABPC 194 (CanLII):
In R v. Dezman, [1977] AJ No. 689 (Dist. Ct.), the summary conviction appeal court determined that non‑compliance with the observation period, in and of itself, does not constitute evidence to the contrary. The court's reasoning is largely based on the need to connect the operational deficiency with an inaccurate breath reading.
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