NO RIGHT TO RE-CONSULT COUNSEL AFTER DRE DEMAND

A DRE officer demanded a urine sample from Mr. Tahmasebi, who asked to speak to a lawyer again, but the DRE officer responded that he had already spoken to a lawyer. Mr. Tahmasebi refused to comply with the urine sample demand so he was charged with refusal and convicted at trial, with that conviction being upheld on appeal:

Neither a DRE demand nor an oral fluid or urine sample demand is a change of circumstances from those facing a person detained on a charge of impaired driving. A person who has received legal advice after such a charge does not face a new or emergent situation when either demand is made. R. v. Tahmasebi, 2020 ONCA 47