R. v. Coffey, 2013 ONCJ 178 holds:
[32] I find that I accept Mr. Coffey's evidence that he was actually experiencing acid reflux symptoms during the breath tests. I found his evidence credible and he was unshaken in cross-examination. Having come to this conclusion, I find that it has been established that there was a real possibility that some alcohol may have been in Mr. Coffey's oral cavity when the tests were taken. There was therefore a real potential for false readings from the instrument.
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