Is a certificate of analysis rendered inadmissible as a result of the failure to establish the statutory pre-conditions to a lawful breath demand?
British Columbia, Canada
The following excerpt is from R. v. Dobbie, 2001 BCPC 139 (CanLII):
Accordingly, I find the certificate of analysis is not rendered inadmissible as a result of the failure to establish the statutory pre-conditions to a lawful breath demand. The accused acceded to the officer's request that he provide breath samples. The evidence is thus admissible based on the application of Regina v. Rilling, supra.
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