SECTION 10(B) - NO RIGHT TO COUNSEL WHERE POLICE IN A POSITION TO ACT QUICKLY ON ASD DEMAND

The officer made an ASD demand. It took 4 minutes for the device to arrive. The accused argued that he had a cell-phone and should have been allowed to contact a lawyer before providing a sample of breath into the approved screening device. When he was allowed to call a lawyer it only took 6 minutes to reach the  lawyer and speak with him. The court did not agree. Since police were in a position to take the sample forthwith, the accused did not have a right to speak to a lawyer before doing so. R. v. Shaw, 2011 ABQB 584