May 12th, 2017
Impaired driving trial. When arrested at the roadside, and asked about calling a lawyer, accused responded: “not at this moment”. Police officer took this comment as unequivocal. Right to counsel not raised again throughout the investigation. Issue regarding implicit assertion and/or waiver. Held: No s. 10(b) breach. Henry, 2004 ABQB 440 (wherein the accused said … Read More.