The Right to Speak Promptly with a DUI Defence Lawyer

Violation of the right to be informed promptly and without delay of the reasons supporting the arrest, the right to retain and instruct counsel and to be informed of that right.

Denis is a business owner. He frequently needs to use his vehicle at work. One night, while he was coming back from a bar in his snowbike, he was involved in an important accident. At the scene, the police officers noticed symptoms of weakened capacities. As Denis was hurt, he was taken by ambulance to the hospital. One police officer took place with him in the ambulance while the other followed them. In spite of the fact that they already had enough grounds to arrest Denis at the scene, the police officers decided to wait and officially arrest him 1 hour later and inform him of his rights. Afterward, the police officers ordered Denis to provide a blood sample at the hospital, which he refused to do. Denis was thus accused of impaired driving and refusal to provide a blood sample.

Denis consulted Mr Benoît Gariépy, attorney at law, so that he proceeds to a detailed analysis of his case. Mr Gariépy noticed gaps in the work of the police officers. Lawyer Gariépy sent an application to the prosecution displaying that 2 constitutional rights were violated in Denis’ case. (right to be informed without delay of the reasons supporting the arrest and the right to speak to a lawyer without delay). At trial, the prosecution conceded that those rights were infringed. Denis’ refusal to provide a blood sample was thus excluded from the evidence, and he was afterward acquitted of the impaired driving charge.

Written judgment available if requested.

This kind of gaps in the police officers’ work is not very common and hard to discover. Only a deep analysis of your case by an experienced criminal lawyer can allow you to know that such errors were committed by the police officers. It is thus essential to bring your file to Me Gariépy so he can analyze it.