Client charged with impaired driving and refusing to provide a blood sample following a collision with a police vehicle.

Vancouver Criminal Lawyer:  Brian E. Mickelson
Client charged with impaired driving and refusing to provide a blood sample following a collision with a police vehicle.

CRIMINAL DEFENCE CASE FACTS:
A van driven by a Vancouver Police officer with three police officers as passengers was involved in an accident with a vehicle driven by the client. The client was injured. The police made a demand for a blood sample to determine the concentration of alcohol in the client’s blood.  The client refused to comply with the blood demand. At trial Brian argued on behalf of his client that because the client’s implementational right to counsel had been infringed, the client’s refusal was not admissible evidence.

HELD: NOT GUILTY
“I am satisfied that the defence has established on a balance of probabilities that the defendant’s implementational right to counsel was infringed. While I must say that the Constable did everything he could to assist the defendant to contact his lawyer, I must also say that he had no duty or right to call Legal Aid on behalf of the defendant without obtaining the defendant’s authorization to do so. The right to counsel is one to be exercised by the defendant, not the police officer.  The officer infringed upon the defendant’s right to consult with counsel of his choosing.

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