I understand what's attempting to be done here, perhaps for the sake of clear wording for the average citizen. However, the wording potentially puts a constraint on the concept of reasonableness.
It may well be in any one given situation that the first opportunity is what's reasonable, but the judges are highly qualified. They're able to assess every situation. I think it's best left in their hands to leave a wider breadth of possibilities in interpreting this aspect.
I understand what you're trying to do, but I think the wording is perhaps best left as is, if only to give a wider breadth of discretion to the judges on a case-by-case situation.