What is the burden of proof when a breathalyser fails?
British Columbia, Canada
The following excerpt is from Regina v. Pozderec, 2003 BCSC 1628 (CanLII):
It is not the law that an accused must shoulder some of the burden of proof that the breathalyser was not functioning properly; see Regina v. Proudlock 1978 CanLII 15 (SCC), [1979] 1 S.C.R 525, 91 D.L.R. (3d) 449, 43 C.C.C. (2d) 321 and Regina v. Gibson, [1988] B.C.J. No. 2242 (B.C.Co.Ct.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the burden of proof change when the trial judge reversed the burden? (British Columbia, Canada)
What are the circumstances in which a defendant has failed to appear at a case management conference and subsequently failed to respond to an order striking his answer? (British Columbia, Canada)
What is the burden of proof in a review of an immediate roadside prohibition? (British Columbia, Canada)
What is the burden of proof for a plaintiff in a claim for loss of future earnings due to loss of income due to climate change? (British Columbia, Canada)
What is the burden of proof for a plaintiff in a claim for loss of future earnings? (British Columbia, Canada)
What is the burden of mitigation against a plaintiff who failed to attend recommended treatment? (British Columbia, Canada)
What is the burden of proof for a driver in the servient position in a motor vehicle collision? (British Columbia, Canada)
What is the burden of proof for an assessment of loss of past and future earning capacity? (British Columbia, Canada)
What is the burden of proof on an employer who is pleading just cause for termination? (British Columbia, Canada)
What is the burden of proof against a self-employed professional who is seeking to impute income to the other party? (British Columbia, Canada)
