Legal Question in Criminal Law in Canada

impaired driving

When I was arrested for impaired driving I was given my miranda rights but wasnt told about the toll free duty council number. At the station they asked if I wanted a lawyer and at first I said no. Later on they refused to let me make a phone call so I said I wanted a lawyer. The police officer said no and later came back to the holding cell and said if I knew the lawyers # i could call. I said I needed to call my dad for a lawyers # and was then told ''too bad, get backin the cell''. Do i have a case against my charter of rights?


Asked on 8/29/07, 3:23 am

1 Answer from Attorneys
Kenneth Golish Golish, Kenneth W.

Re: impaired driving

You are likely charged with two offences, "over 80" and impaired. See my articles at www.golishlaw.com/crimlawt. Regarding your question about the violation of your rights to counsel, that violation could potentially exclude certain evidence from consideration, particularly the reading of your breath sample. However, while the onus of proof for the case itself is always on the prosecution, the onus of proof for certain defences and challenges is normally on the defence.

The officer will typically report that he or she followed the rules. Therefore, the judge has to accept your version over the officer's, not an easy thing to do in most cases. Whether that happens or not will depend on the attitude of the judge and the effectiveness of counsel.

The exclusion of evidence does not always assist you if other evidence is sufficient to convict you.

A lawyer will help.

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Answered on 8/29/07, 2:08 pm


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