Section 10(b) - No valid Refusal Until Accused Speaks to lawyer

Police informed the accused of his 10(b) rights. Police then read the Breath demand and the accused responded, "No,No."  He then asked to speak to his lawyer. Police next read a 'refusal demand' and the accused replied, "No. I wasn't fucking driving." After speaking to counsel police did not ask the accused whether he changed his mind and charged him with refusal. The court pointed out that a refusal demand is not required under the Criminal Code. However, because police chose to read it, constituted a demand and because he asserted his right to counsel before that demand, he should have been allowed to contact his lawyer and asked again whether he intended to comply. R. v. Dotremont, 2011 MBQB 88,  [2011] M.J. No. 131