Section 10(b) - Right to counsel After the breath/blood demand is too late
Sunday, September 18, 2011 at 3:03PM
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The officer did not provide the accused with his right to counsel prior to making the blood demand. Instead, he waited until after he received a response to the demand before informing of his 10(b) rights. Prior to making such demands or at the latest before requiring answers to such demands, police must tell the accused about his rights under 10(b). R. v. Lawler, 2011 MBPC 53, [2011] M.J. No. 275 

Article originally appeared on Investigating Impaired Drivers (https://www.lawprofessionalguides.com/).
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