Waterloo Regional Police say they have no plans to stop using a model of breathalyzer recently ruled inadmissible as evidence by a judge in Brampton.
The ruling relates to a recent case in which a defence lawyer and scientific expert convinced the judge that the Intoxllyzer 8000C had intrinsic flaws which could affect the validity of results registered by the device.
Specifically, the defence testified that an examination of the breathalyzer found unusual results and failed diagnostic tests among other issues.
As a result, the judge dismissed charges laid against a driver who was registered as blowing well over the legal limit.
Legal experts say the precedent could affect thousands of impaired driving cases across the country, and ultimately change how police test for blood-alcohol content.
“You can bet that there are defence lawyers everywhere saying, ‘Wait a sec, I want my turn at this same argument,’” legal analyst Edward Prutschi told CTV Toronto.
“If this snowball continues to roll and other judges buy into this or an appeal court says, ‘Yes, that’s the way it ought to have been; the judge got it right,’ then they’re going to have to do something.”
The Intoxilyzer 8000C is the only breathalyzer used by Waterloo Regional Police, a spokesperson for which told CTV Kitchener that they will continue to use the device.
The breathalyzers in question are made by CMI Intoxilyzer, an American company.
In a statement, the company says the instruments are approved and used by “many countries throughout the world,” and that “CMI stands behind the accuracy and integrity” of its devices.
The Crown plans to appeal the judge’s ruling.
With files from CTVNews.ca
