Trial on charges of impaired driving and blowing over . 08. Client pulled over by police because his headlights were not functioning properly. Odour of alcohol detected. Client failed a screening test and was arrested. At the police station the client was unable to reach a lawyer to receive legal advice. When the client told the police officer that he had not received legal advice, the officer asked if he wanted to keep trying. The client said no, and the officer then proceeded with breath testing. No section 10(b) Charter right to counsel waiver was read by police, telling the client that the police were obligated to hold off from taking breath samples until he had spoken to a lawyer. Defence filed a constitutional notice of motion alleging a violation of the client’s section 10(b) Charter right to counsel.
Held: Charges withdrawn.