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In addition to the three defences earlier discussed, Aitken Robertson looks at the following (and other) possible legal strategies:

(1) Documents: did the police or Crown serve you with the proper documents?;
- are documents such as the Certificate of Breath Technician proper and admissible against you?;

(II) The Approved Screening Device
- was the machine in proper working order?;
- did the police officer have grounds for "reasonable suspicion?;"
- where did the officer make the demand for the screening breath sample?;
- how long did the officer take to make the breath demand?;
- when was the machine last calibrated?;

(III) Demand for Breathalyzer and Arrest
- did the officer have "reasonable and probable grounds for the arrest"?
- should the officer have arrested you?
- unreasonable search and seizure;
- rights to counsel;
- a legal demand?;

(IV) The Breathalyzer and readings
- was the machine wrong?;
- can the breath results even be used?;
- 5 types of "evidence to the contrary":
(a) defects in machine or its operation;
(b) "last drink" defence (previously described);
(c) consuming alcohol after last operated vehicle;
(4) Carter defence (previously described);
(5) readings inaccurate;
- did the breath tech have "reasonable and probable grounds"?;

(V) Technical Defences
- to be tried within a reasonable period of time;
- abuse of process, misconduct on the part of police or Crown;

(VI) Timing Issues
- did the police officer know the time of your last driving/care and
control prior to the breath demand and arrest?;
- time of first sample;
- time between samples;

(VII) General Defences
- not impaired;
- medical or illness;
- identity.