After you submit to the officers test (s) you may request a blood test by a qualified person of your choosing within
a reasonable time of your arrest.
Not exact matches
At the
time of her
arrest, Natalie was not given
reasonable opportunity to choose her lawyer and contact him or her.
At that point in
time, the
arresting officer was required to again advise Mr. Russell
of the right to a
reasonable opportunity to contact counsel and to inform Mr. Russell that during that
time he could not elicit any incriminating response to the breathalyzer demand.
Everyone
arrested or detained in accordance with the provisions
of paragraph 1 (c)
of this article shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a
reasonable time or to release pending trial.
If you think that the police failed to take your breath sample within a
reasonable time period
of your DWI Stop or
Arrest, the attorneys at our office are ready to fully explore this issue.
In R v Bartle and R v Suberu the Supreme Court stressed that the need for this duty begins immediately The majority at the Court
of Appeal found that the trial judge erred in concluding that there was no
reasonable opportunity to provide Taylor access to counsel prior to taking the first set
of samples.at the
time of arrest, and the police have a constitutional obligation to provide access to counsel «without delay.»
Conversely, the police want the test done promptly as there is a legal requirement that the breath sample be obtained within a
reasonable period
of time after operation and / or
arrest.
The Supreme Court
of Canada has said that, for less serious cases tried in Provincial Courts, a
time period
of 8 - 10 months from
arrest to trial is a
reasonable time.