The client was 18 years old with no prior criminal record. He was observed by Banff RCMP with an obstructed license plate. When a traffic stop ensued, officers noted indicia of impairment and requested a roadside breath sample. When a “fail” was registered on the device, the client was arrested for impaired operation of a motor vehicle and brought to the RCMP detachment for breath testing. The client ultimately provided 2 breath samples at the detachment, both of which exceeded .08 mg/%. At trial, Mr. Wyman argued that the client’s section 10(b) Charter rights had been violated, in that the client was not given an adequate opportunity to speak with counsel. This argument carried the day and resulted in our client walking away with an unblemished criminal record.