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Charge of operating a motor vehicle while Over 80 mg of alcohol in the blood system dismissed after trial due to a violation of the client’s right to contact counsel of choice as guaranteed by section 10 (b) of the Charter. Q.M. when arrested asked to speak with his lawyer. Q.M. spoke English but wanted to speak with a person he had used to fight traffic tickets and who spoke Cantonese. The police officer called and left a message. However within two minutes the officer called Duty Counsel and Q.M. was put on the phone with Duty Counsel. After a short discussion with that lawyer, Q.M. was then turned over to the breath technician and provided samples of his breath resulting in the charge of Over 80. Defence lawyer Joseph Neuberger brought an application at trial to exclude the readings based on a violation of his client’s right to speak to his counsel of choice. The Court found a violation and excluded the evidence. According Q.M. was found not guilty.
