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Stephen Biss
Dec 3, 20212 min read
Verification of Digital Thermometer
Although not stated in the 8000C Training Aid, CFS scientists seem to be in agreement, that it is recommended that a NIST mercury...
18 views0 comments
Stephen Biss
Mar 18, 20202 min read
What is the simulator manufacturer's specification for simulator temperature?
With respect to the Guth 2100 wet bath simulator, 34.00 +/- .05 C is the manufacturer's specification. You will find this information in...
31 views0 comments
Stephen Biss
Feb 17, 20201 min read
Purchase the Guth 2100 Operational Manual
Defence lawyers should purchase a copy of the manufacturer's manual for the wet-bath simulator used in their jurisdiction.
26 views0 comments
Stephen Biss
Feb 14, 20203 min read
Simulator is necessary "Accessory Equipment" that requires inspection and re-calibration
A wet-bath simulator is "accessory equipment" according to the ATC Best Practices document. A wet-bath simulator requires annual...
15 views0 comments
Stephen Biss
Feb 10, 20202 min read
Wet-bath Simulator Serial Number
Always ask for the serial number of the wet-bath simulator used by the Qualified Technician for your client's subject tests.
23 views0 comments
Stephen Biss
Oct 19, 20189 min read
Science Evidence v. Technolgy Evidence
When qualifying an expert witness, Courts need to carefully consider the scope of expertise of the expert. Sometimes it is convenient for...
45 views0 comments
Stephen Biss
Sep 28, 20184 min read
Purpose of disclosure or production of maintenance records and data
What is the purpose in Stinchcombe/McNeil disclosure or O'Connor production of maintenance records and historical data? Government...
13 views0 comments
Stephen Biss
Sep 26, 20187 min read
Toxicology Letter of Opinion Without Accreditation
For purposes of this sample cross-examination it is assumed that the cross-examiner has already laid the groundwork of the findings and...
117 views0 comments
Stephen Biss
Aug 20, 20189 min read
2012 ATC Position Paper Built Upon Hypothesis Without Empirical Evidence
Purpose: To obtain admissions that the opinion of the Crown expert (and indirectly the 2012 ATC Position Paper) that single point control...
40 views0 comments
Stephen Biss
Aug 14, 201810 min read
OIML R126 is the International Standard for Evidential Breath Analyzers
Interesting things about R 126: It exists and yet Canadian Judges and lawyers don't know about it, notwithstanding the fact that it is an...
713 views0 comments
Stephen Biss
May 30, 20183 min read
The 2012 ATC Position Paper is Not a Scientific Article
Purpose: To obtain admissions that the 2012 Alcohol Test Committee Position Paper: - is a position paper -is not a scientific article -is...
20 views0 comments
Stephen Biss
May 22, 20185 min read
Maybe the Instrument Is No Longer Linear Enough to Be An "8000C"
Purpose: To explore the analytical variability of the 8000C as determined by the Alcohol Test Committee during evaluation of the 8000C...
27 views0 comments
Stephen Biss
May 16, 20188 min read
Annual Inspections Done Without Reference to Manufacturer's Specifications
This is a sample cross-examination of an Ontario CFS scientist on the procedure used to perform an initial factory calibration (or a...
14 views0 comments
Stephen Biss
Apr 27, 20184 min read
BAC Analysis in a Lab Without Bracketing Controls is at Best Qualitative not Quantitative
We have a serious problems in the Canadian criminal justice system. One of them is the failure of Parliament and the Courts to recognize...
12 views0 comments
Stephen Biss
Apr 20, 20184 min read
Relevance of Contemporaneous Documentation by Inspector Taking Instrument Out of Service
Let's suppose that as a result of a disclosure request or Freedom of Information application you find an electronic or paper document...
12 views0 comments
Stephen Biss
Apr 13, 20185 min read
Change at One Point but Not at Another Point that is Equivalent
This is a sample excerpt from a cross-examination of a Crown expert using data from periodic inspection of an approved instrument. The...
3 views0 comments
Stephen Biss
Apr 6, 20186 min read
Start By Defining "Reliability" don't focus on "Accuracy"
Purpose: To remind the Court, "thing 1" in 258(1)(c) is unconstitutional under Charter 11(d) (R v St-Onge) but is saved by section 1. To...
14 views0 comments
Stephen Biss
Apr 5, 20182 min read
ABA Sequences v ACA Sequences
Purpose: To explain to the Court, the differences between ABA (Esc Esc B) and ACA (Esc Esc C) sequences To confirm that ABA sequences are...
11 views0 comments
Stephen Biss
Apr 4, 20185 min read
3 Consecutive Annual Inspections Reveal a Trend Towards Unreliability
Let's suppose that you obtain, as the result of disclosure or a Freedom of Information application of paper or electronic documents,...
9 views0 comments
Stephen Biss
Mar 29, 20186 min read
Police Fail to Correct a Linearity Problem on In-House Annual Inspection
Let's suppose that you obtain disclosure or Freedom of Information documents respecting In-house Periodic Inspections by your local...
21 views0 comments
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