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The court excluded breath test results and dismissed the impaired driving charge because police imposed an unreasonable 15-minute limit on the accused's right to contact counsel of choice.
The accused was charged with operation of a motor vehicle with a blood alcohol concentration exceeding the legal limit following a RIDE check investigation.
The defence brought a s. 24(2) Charter application to exclude breath test results, arguing that the police violated the accused's s. 10(b) rights to counsel by imposing an unreasonable 15-minute time limit for private counsel to return a call before proceeding with breathalyzer testing.
The court found that the officer failed to provide a reasonable opportunity to consult counsel of choice and excluded the evidence, resulting in dismissal of the charge.
