This Ontario case applies to “driving while disqualified” cases only and has to do with whether the proper warnings about what can happen if you drive while disqualified were given to you when they took your licence. Download document.
You have a right to speak with the lawyer of your choice. If that particular lawyer is not available immediately, then the police should allow a reasonable amount of time for the lawyer to phone back. Download document.
This is the “delay” argument. If there is enough delay, usually 10 months or more, that is the fault of the Crown Attorney’s Office or the Court, then delay can be a defence in and of itself. This does not include the inherent delay that happens in every case for things like getting disclosure and having initial meetings with the Crown, or delay that defence counsel cause on your behalf in certain circumstances, such as when you ask to delay your trial so that you can finish an important contract. Download document.
If the police make you wait at the side of the road to blow into a roadside breath machine and it takes more than a very short time, they must give you your “rights to counsel” if there is a possibility to exercise those rights. This is why it is very important for your lawyer to know whether you had a cell phone with you at the time and whether you would have known how to contact a lawyer, i.e., you had a name in mind or you had a mobile browser with which you could look one up. Download document.
If your DUI matter involved a motor vehicle accident, that will not necessarily hurt your case. (It is generally worse when you are stopped at a RIDE check.) When the police arrive at the scene and ask questions about the accident you are usually required to answer them as there is a duty under the Highway Traffic Act to report accidents. However, any evidence that the police obtain as a result of this questioning cannot be used against you, not even as a basis to arrest you! Download R. v. White | Download R. v. Soules