Right to counsel 'not absolute,' Supreme Court rules

Thursday, June 16, 2005 Updated at 11:38 AM EDT

Canadian Press

Ottawa — Canada's highest court says the right to seek legal counsel is “not absolute” for drivers pulled over on suspicion of driving drunk.

The Supreme Court of Canada says two Manitoba men should be retried on charges of impaired driving.

Both were acquitted because police officers did not fully inform them of their rights before they agreed to – and failed – roadside sobriety tests.

The court says such rights are reasonably limited in cases where police are trying to keep drunks off the road.

The court said this is true even in provinces that have not specifically laid out such limits in law.

In other words, drivers should know their rights in the province where they live.

More to come

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