In this 2014 case, Mr. M. found himself in a similar situation to countless other people.
He was pulled over by police. The police smelled booze. The police made him blow in a roadside breathalyser. Mr. M. failed the test and was hauled into the police station.
Once at the police station, Mr. M blew over the legal limit.
Many people would plead guilty in these circumstances however Mr. Anber found a number of things that the police did to be contrary to Mr. M’s constitutional rights.
On the subject of “rights to counsel” the judge released a lengthy decision.
The breath samples were ultimately thrown out as was the “impaired driving” count. Mr. M did not get a criminal record, or any restriction to his driving. He was found not guilty of everything.
Click here to see the decision