IMPAIRED DRIVER LOSES CHARTER CASE

An Ottawa man who ran a red light while drunk and high on marijuana has
lost a prolonged legal battle over his casual response of "Yeah,
whatever" to a police officer who asked if he wished to call a lawyer.

Christopher Dominski was driving along Bank Street in Ottawa in 1998
when an officer pulled him over for running a red light and driving
erratically. She smelled marijuana smoke and asked Dominski if he was
high. He said he was, so the officer arrested him for impaired driving
and placed him in a police car.

When the officer asked if Dominski wanted legal representation, he
answered, "Yeah, whatever." Under the Charter of Rights and Freedoms, a
suspect who has been arrested is entitled to be represented by a lawyer
in all dealings with authorities.

As Dominski sat handcuffed in the police car, the officer noticed an
odour of alcohol on him and demanded that he submit to a roadside alert
test.

Dominski was convicted of driving with an illegal blood alcohol level. A
charge of driving while impaired by drugs was stayed.

He appealed, arguing he was already under arrest when a roadside breath
test was administered, and his right to legal counsel had been violated.

Dominski was acquitted but the Crown's appeal was upheld by the Ontario
Court of Appeal.