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Reviews of Investigating Impaired Drivers
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Sunday
Oct162011

SECTION 10(B) - DEMAND BEFORE RIGHT TO COUNSEL

The officer made a blood demand on the accused, and then demanded answers before informing him of his 10(b) rights. The court held that prior to making a blood/breath demand, or at least demanding answers to the demand, police must inform the accused of his 10(b) rights and give him an opportunity to exercise those rights. R. v. Lawler, 2011 MBPC 53