^^LOL. This guy.
No merit? Hardly. OP: You hit the nail on the head. All statements on the SMD cert are in the past tense. You can't say, "I brushed my teeth tomorrow." Testimony needs to be ex post facto. Otherwise Tom Cruise's "Minority Report" would be a reality. When's your court date and who is hearing it?
I can see it now: "Your honor, the prosecution can prove that the breathalyzer was working properly. See? Mark Richards testified that the device was to be tested on March 9th."
Failing that, a standard Bellevue v. Mociulski argument in front of most judges in KCDC seems to do the trick.

