DriveSmartBC - 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.

No Reference Links

is it true that only certified officers are eligible to perform the breathalyzer test?

oh, i have a better idea... don't drink and drive...

All officers on the road have been trained on the ASD's... Only a BAC technition can operate the Datamaster.

That is true.

This would be an ideal scenario.

Not true. The large majority have, but not everyone has been trained on the use of the ASD.

No no... the new penalties are a TAX GRAB, didn't you know that? The government, ICBC and the police need more money, so they WANT you to drink and drive, so they can rape your wallet!

:troll:

Apparently they do, since they sure are not extending Skytrain and bus operating times...

And the police, government and ICBC have control over Translink?

The cost of running trains, buses and employees between 2am and 5am (or whenever their last and first times are) would not come anywhere near the income needed to sustain it. That is why taxis are a phone call away, 24/7.

The government made this law. They didn't make it because it will keep people safe. If they were actually concerned about safety, they would implement other measures.

I doubt running the Skytrain a few extra hours would incur a huge cost to Translink.

Also, have you tried catching a cab downtown at 3 AM on a weekend?

It must be a mountie thing then....

I should rephrase to all muni's are trained on the ASD in block I

If you did the math, and calculated how many people would take transit, Translink would lose a decent amount of money. If you've ever taken a night bus at night, you can see that even those are pretty empty - I wouldn't expect Skytrains to be much fuller, and those take quite a few more resources to run.

Maybe i'm just biased. I came back from London - where the last tube can be as early as 11:45 at some stations. Sure - the night bus is quite substantial, but considering how sprawled the city is, it took me 2 hours to get home once - which I guess is better than a £30 cab ride home.

Hey now.. the provincial government is run by a convicted drunk driver. I'm surprised he let them put these laws in motion!

Yes, that is true.

Can you only demand a second test if you have blown a warn? Or is it eligible if you have blown a fail?
How do you know if the officer is certified or not? I have heard of one case where an officer pulled over someone and was not allowed to perform a breathalyzer (not certified). She admitted this to the driver before performing the test.

Okay... like what?

Are you suggesting that they adopt the penalties for impaired driving that some middle eastern countries use...eg firing squads ? Sure prevents repeat offenders.

"
In some countries, drinking and driving is punishable by death. A first time offense in El Salvador leads to execution by firing squad, while a second offense in Bulgaria also leads to execution.
Some countries are more creative in their attempts to keep the inebriated off the road. Turkey, for example, punishes drunk drivers by taking them 20 miles from their town and making them walk back with a police escort. In Poland, drunk drivers are subject to jail, fine, and even worse, mandatory attendance at political lectures. In Malaya, if a man is caught driving drunk he is jailed. If he is married, his wife is jailed, too. In Costa Rica, the license plates are removed immediately from the cars of those who drink and drive

Read more: http://blogcritics.org/culture/artic...#ixzz10SBGncqU

You can demand a second test in either case.

You have to ask the officer if they are certified. The defence lawyer certainly will, so there is no point in not being certified and using the device.

There are two different certifications required for breath testing. One covers the operation of a roadside screening device and the other an in detachment instrument like the Breathalyzer or Datamaster.

I've gotta ask. The part where people blow into, is it disposable? Does it get cleaned after each use? How does that work?

^ LOL

Yes, it is disposable. We're not living in India.

I suggested transit running a few hours longer on major routes.

I'm sure there's SOMETHING that can be done better to PREVENT drinking and driving, instead of increasing the level of punishment.

Oh, and before someone brings up those crap services that drive your drunk ass home, those guys stop at 12 or 1 AM as far as I know.

Yes something can be done... It sounds something like this:

Drivers make their own responsible decisions. Everyone is capable but not many are willing.

As already noted, that's not in "the government's" purview.

So you don't actually have any viable suggestions... just bitching?

So you like to just whinge on the 'net without actually having any facts?

http://www.keysplease.net/Designated%20Driver.htm
http://www.asaferide.ca/

Can they OPT for the firing squad??

I'd think the firing squad would be preferable in this case as well...

See bolded sections.

Is using the quote function too difficult for you?

Actually, because I try to keep up with what's going on in the world, rather than just randomly shooting my mouth off on the 'net. I also know how to use the internet to look things up...

http://www.translink.ca/en/About-TransLink.aspx
Got an issue with how transit works, talk to TransLink; don't blame "the government".

I actually don't have a problem with the new penalties, because I'm not an idiot who feels the need to get drunk and fly down the road at insane speeds. Maybe that's just something that comes with maturity...

How can you have been on the Internet for any more than 10 minutes and not know what whinging is?

http://lmgtfy.com/?q=whinge <-- clicky clicky

But you know enough to comment: "Oh, and before someone brings up those crap services that drive your drunk ass home, those guys stop at 12 or 1 AM as far as I know."?

"As far as you know" apparently isn't very far at all.