Where notice is given under s 58(2) of the Road Safety Act 1986 (Vic), a breath analysis certificate tendered under s 58(2D) remains evidence of its contents, including the identity of the instrument as an 'Alcotest 7110'. The words heading the certificate are capable of proving the instrument type without further oral evidence from the operator. A discrepancy between the operator's oral evidence and a contemporaneous recording as to the numbers on the instrument's plate does not constitute an error of law where the finder of fact prefers the oral evidence, provided there is some evidence to support the finding.
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