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In each case, the Supreme Court looked at whether the New Brunswick Court of Appeal erred in interpreting what the Crown must prove to satisfy a presumption that breath test results are accurate.

The law requires a breath machine calibration check, the result of which must fall within a particular range.

In one case, the Supreme Court examined the evidence needed to prove a breath machine has successfully gone through a calibration check.

In the other case, the court considered what must be established to use the results of a breath test in court.

This report by ºÃÉ«tvwas first published Nov. 14, 2025.