Impaired driving and over.08 trial. After arrest, client was placed in the telephone room to contact counsel. Three minutes later the officer re-entered the room to offer him accused “assistance”, and referred him (who had been looking through the yellow pages) to the toll free Legal Aid line. A few minutes later the client knocked on the phone room door, and told the officer that he “can’t get an answer”, at which time the officer dialed Legal Aid, got through, and handed the phone him.
Held: Breach of right to Counsel.
Certificate of Analyses excluded from evidence. Police officer’s intitial entry into the phone room (after 3 minutes) and the suggestion that the client contact Legal Aid, constituted an interference with the client’s right to contact counsel of his choice. The later dialling of the phone by the police officer, and the calling of Legal Aid, was not at the accused’s request, and further interefered with a reasonable opportunity to contact choice of counsel. Serious constitutional violation.