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Blowing a Warn

It is after September 20, 2010 and you have just been tested for blood alcohol at the roadside and the screening device registered a "warn." The officer has served you with a notice of driving prohibition and has ordered a tow for your vehicle. How do you challenge this action?

Your first avenue of review is to immediately demand a second test. The officer will then arrange to test you again using a different approved screening device than the one that registered the warn. You are both bound by the outcome of this second test. If your sample is under 50, the prohibition will be terminated and the impound canceled. If it is still a warn, the action will proceed. However, if you were a borderline case and the second instrument indicates a "fail," you will now be subject to the Immediate Roadside Prohibition process.

At this point, there is no going back to the first test regardless of whether it favours you or not, so make your decision to demand the second test wisely.

Your next avenue of possibility will take place later. You will have to apply for a review by the Office of the Superintendent of Motor Vehicles. This will mean completing the appropriate forms and paying the necessary review fees. If you are successful, the Superintendent will revoke all fees associated with the prohibition.

Finally, this prohibition may be reviewed by the courts. You would probably be wise to consult legal counsel to assist you with this step.

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