Section 10(b) - TELLING SUSPECT THAT HE WILL HAVE TO PROVIDE SAMPLE REGARDLESS OF WHAT LAWYER SAYS IS A BREACH

The accused was arrested for impaired driving. He asked to speak to duty counsel. Messages were left and after 90 minutes of waiting, the officer told him that he would have to provide samples regardless of whether he spoke to counsel. The accused provided samples without speaking to counsel. The right to counsel was breached. The officer improperly interfered with the accused's right to make an informed decision about contacting counsel. R. v. Legere, 2011 ONSC 5153