The accused was charged with operation of a motor vehicle with a blood alcohol concentration exceeding 80 mg%.
Following a traffic stop, the accused requested to speak with counsel of choice.
Police made two attempts to contact the named lawyer over approximately 21 minutes but received no response.
The accused subsequently declined offers to contact duty counsel or pursue alternative means to reach counsel of choice.
The trial judge found a breach of s. 10(b) of the Charter but admitted the breath test evidence under s. 24(2), finding the violation to be at the less serious end of the scale.
The accused was convicted.
