Supreme Court limits when accused drunk drivers can get breathalyzer logs

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OTTAWA — The Supreme Court of Canada says there are limits to when someone facing a drunk-driving charge can be given the maintenance log of a breathalyzer.

The rulings say an accused can get the maintenance logs only if they can show that the records are relevant to their defence.

The court argues the records are not material to how a breathalyzer works on any given day.

The decisions arise from two separate but related appeals where each accused tried to use the logs to question the accuracy of a breathalyzer test.

The Crown argued in each case that it didn’t have to provide the information.

The decisions mark the second time this decade the court has weighed in on how far breathalyzer tests can be challenged in court using maintenance and training records.

The Canadian Press