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Answered in 1 day by:
8/1/2020
Counsel Creed, Lawyer
Category: Canada Law
Satisfied Customers: 1,016
Experience: associate at GTA law firm
VerifiedHi, welcome to Just Answer and thank you for using our services. I am Counsel Creed. You do not specifically state, but I assume that you have been charged under section 88.1 of the Alberta Traffic Safety Act for refusing to comply with the peace officer's request to blow in the breathalyzer. He then would have issued you a notice of seizure and immediate suspension of your licence.
Pursuant to Section 88.1(3), your car WILL BE IMPOUNDED for 90 day PLUS one year, unless you apply to the Registrar after 90 for reinstatement. You have to prove to the Registrar that you have purchased the interlock and intend to install it in your car. However, under subsection 88.1(3.4), the Registrar has DISCRETION to give you the car back if he determines that it is not feasible for you to install it. If he refuses to grant you your application , you can appeal to the Alberta Traffic Safety Board.
You could also - under Section 11(2.1)(b) of the Vehicle Seizure and Removal Regulation appeal the actual notice of seizure within 30 days of the care being impounded, but only if you DID NOT have it seed for the second time in the last 10 years! This appeal will cost you between $150 and $250 and is non-refundable.
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