DUI Charges Stayed After Denial of Counsel

Challenge

The defence focused on whether Ms. T’s right to counsel was meaningfully respected after arrest.

After being stopped near the Don Valley Parkway, Ms. T was arrested for impaired driving and taken to the station. She immediately requested to speak with a specific lawyer. Police attempted contact once but proceeded with breath testing shortly afterward, despite:

No follow-up attempts to reach counsel No confirmation that Ms. T wished to waive her right Absence of clear explanation that she could consult duty counsel

Our Process

01 Planning the case We reviewed the booking video, phone logs, and breath room recordings to determine how much time elapsed between the request for counsel and the breath demand. 02 Assessing Compliance We evaluated whether police fulfilled their constitutional obligation to provide a reasonable opportunity to consult counsel of choice. This involved examining not just whether a call was made, but whether the effort was genuinely meaningful. 03 Cross-Examination In court, the arresting officer conceded that no second attempt was made to reach the requested lawyer. 04 Charter Argument We argued that proceeding prematurely undermined the purpose of the right to counsel. The protection exists to ensure informed decision-making before providing potentially incriminating evidence.

Result

The court concluded that police failed to provide a reasonable opportunity to access counsel of choice before administering breath tests. The breath samples were excluded.

With no admissible evidence of blood-alcohol concentration, the prosecution stayed the charges.