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.)

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