Mr. V. retained our office to represent him regarding an impaired driving matter. Our client had been out with friends having beers when he was stopped on his way home. Mr. V. failed the roadside and was brought back to the police station where he provided breath samples in excess of the legal limit. The matter proceeded to trial where Mr. Wyman filed a constitutional argument alleging that the officer had improperly conducted the roadside breath test. Specifically, it was alleged that the client was subjected to a de facto arrest when he was placed into handcuffs and taken to the back of the police cruiser for samples. It was argued that the sample should be excluded as the client did not receive his section 10(b) rights to counsel prior to performing the test. The novel argument was a successful one and our client avoided a criminal record.