Driving Law

ICBC's no-fault insurance system is back in the political spotlight. Kyla Lee and Paul Doroshenko discuss the provincial election debate, a proposed hybrid insurance system and what the competing approaches could mean for injured drivers in British Columbia. They also examine the legal consequences when someone dies weeks after a collision, including causation, potential criminal charges and the c...

Kyla Lee and Paul Doroshenko examine newly obtained freedom of information records concerning the rollout of BC's new Dräger Alcotest 6000 roadside breath-testing device. The documents reveal discussions about a separate police training program and a proposal to invite RoadSafetyBC adjudicators to attend. Kyla and Paul question what this could mean for the independence of the people responsible fo...

In Episode 472 of Driving Law, Kyla Lee examines the legal questions arising from the tragic vehicle incident at a Truth and Reconciliation event in BC that killed two First Nations elders and injured two others. Kyla explains how police may investigate whether a fatal collision resulted from dangerous driving, criminal negligence, impairment or an unexpected medical emergency. She also looks at h...

This week on Driving Law, Kyla Lee and Paul Doroshenko discuss two serious wrong-way driving crashes in BC and an Ontario impaired driving decision involving some remarkably bad police work. They begin with two recent wrong-way crashes, including a fatal collision on Highway 1 and a multi-vehicle crash involving a tow truck on the Granville Bridge. Kyla and Paul discuss how these investigations un...

This week on Driving Law, Kyla Lee and Paul Doroshenko look at the growing legal problems surrounding e-scooters, e-bikes and other personal electric mobility devices in British Columbia. Kyla begins with a constitutional challenge she is currently arguing involving a client ticketed for driving without a licence and insurance while using an electric mobility device that is not permitted on BC roa...

In Episode 469 of Driving Law, Kyla Lee and Paul Doroshenko discuss BC’s plans to replace its intersection enforcement cameras with newer technology capable of automatic licence plate recognition and other advanced monitoring. They examine the privacy implications of collecting vehicle data at major intersections and why technology introduced for traffic enforcement can raise broader questions abo...

E-scooters are getting faster, police are cracking down and the consequences can extend far beyond a simple ticket. This week, Kyla Lee and Paul Doroshenko discuss enforcement against e-scooter riders in BC after a summer of serious and fatal incidents. They look at what can happen when an e-scooter exceeds the legal requirements, why riders can potentially face motor-vehicle offences, and how tic...

BC's Immediate Roadside Prohibition system is changing. This week, Kyla Lee and Paul Doroshenko examine the new Report to Superintendent form and the coming rollout of the Dräger Alcotest 6000 approved screening device. They break down what has changed on the new electronic form, why some of those changes appear to respond to previous court decisions and criticism, and the problems they believe st...

This week on Driving Law, Kyla Lee and Paul Doroshenko discuss the fatal collision in Prince George involving an aircraft making an emergency landing on a roadway and the unusual legal questions that follow when a plane collides with a vehicle. They look at which agencies may investigate the crash, including the Transportation Safety Board, Transport Canada and the RCMP, as well as whether BC's no...

This week on Driving Law, Kyla Lee and Paul Doroshenko discuss an Ontario Court of Appeal decision involving a witness who repeatedly changed his story about who was driving in a serious hit-and-run collision. They examine when a witness can be cross-examined about their knowledge of the Charter protection against self-incrimination and the Court's decision to uphold a four-and-a-half-year prison...

This week on Driving Law, Kyla Lee and Paul Doroshenko discuss a major Ontario Court of Appeal decision dealing with the Criminal Code presumption of operation and whether a person can be convicted even when the vehicle they are sitting in is completely inoperable. They examine why the Court concluded that the presumption can still apply to a vehicle that cannot actually be driven, the implication...

This week on Driving Law, Kyla Lee and Paul Doroshenko discuss a major Supreme Court of Canada decision concerning privative clauses and the ability of governments to restrict judicial review of administrative decision-makers. They explain why the ruling could eventually matter for British Columbia drivers challenging decisions involving ICBC’s Enhanced Care system and the Civil Resolution Tribuna...

This week on Driving Law, Kyla Lee and Paul Doroshenko discuss the Ontario Court of Appeal's decision in the Pat King Freedom Convoy case and what it says about protest, intimidation, and blocking highways. They also break down British Columbia's new graduated licensing system, which eliminates the second road test for many novice drivers while introducing a new driving record assessment and restr...

This week on Driving Law, Paul Doroshenko is joined by Arkansas DUI lawyer and former police officer John Collins for a discussion about when it makes sense to reject a prosecutor's plea offer and take a case to trial. They also examine how AI is changing legal practice, the growing privacy concerns surrounding Flock licence plate recognition cameras, and what happens when surveillance technology...

In Episode 460 of Driving Law, Kyla Lee and Paul Doroshenko discuss police enforcement against illegal electric dirt bikes, the Tesla driver filmed apparently asleep behind the wheel, and the legal issues surrounding self-driving technology. They also examine the lengthy Sea to Sky Highway closure following a fatal motorcycle crash and whether better plans are needed to deal with stranded motorist...

This week on Driving Law, Kyla Lee and Paul Doroshenko examine two significant legal developments that could reshape impaired driving law across Canada. They begin with Saskatchewan's proposal to introduce an Immediate Roadside Prohibition (IRP) regime modelled after British Columbia's. The proposed legislation includes immediate licence suspensions, vehicle impoundments, financial penalties, igni...

This week on Driving Law, Kyla Lee is joined by Montana criminal defence lawyer Matt Dodd for a discussion about cross-examination, trial advocacy, and storytelling in court. Matt discusses his criminal defence and DUI practice in Montana, including his work on serious criminal cases and civil litigation. He and Kyla then explore what makes cross-examination effective, emphasizing the importance o...

In Episode 457 of Driving Law, Kyla Lee and Paul Doroshenko discuss the Ontario Court of Appeal’s decision in R. v. Raffia and what it means for impaired driving refusal cases. The pair examine why the Court declined to weigh in on the controversial reasonable excuse issue that has generated significant discussion among impaired driving lawyers across Canada. They also break down the procedural co...

In Episode 456 of Driving Law, Kyla Lee takes a closer look at road safety in British Columbia and the risks facing different types of road users. Kyla discusses the recent spike in motorcycle fatalities across the province, what the statistics do - and don’t - tell us about road safety, and why fluctuations in collision numbers are often more complicated than they appear. She also examines a Nort...

In Episode 455 of Driving Law, Kyla Lee and Paul Doroshenko discuss two recent BC court decisions involving obstruction and failing to stop for police. The first case examines whether refusing to identify yourself during a traffic stop can amount to criminal obstruction, and why a self-described “sovereign citizen” ended up with a criminal conviction after refusing to provide his legal name. Kyla...

In Episode 454 of Driving Law, Kyla Lee and Paul Doroshenko discuss the Supreme Court of Canada granting leave in Emeruwa, a major impaired driving refusal case dealing with mens rea, reasonable excuse, and what the Crown must prove when someone says they tried their best to provide a breath sample. They also discuss BC’s new commercial vehicle dash cam legislation, including privacy concerns, pol...

In Episode 453 of Driving Law, Kyla Lee and Paul Doroshenko discuss a record-setting May long weekend enforcement blitz on the Sea to Sky Highway, where BC Highway Patrol impounded 66 vehicles for excessive speeding. They also break down Vancouver’s new AI-powered parking enforcement system using automated licence plate readers, and what it means for disputes, discretion, and the growing role of a...

In Episode 452 of Driving Law, Kyla Lee and Paul Doroshenko discuss a Vancouver driver who allegedly tried to avoid paying for parking by placing an old parking ticket on their windshield — and whether that could amount to fraud or using a forged document. They also break down a troubling Ontario case where a prosecutor was accused of berating a police officer for giving evidence favourable to the...

In Episode 451 of Driving Law, Paul Doroshenko is joined by articling students Alice and Alison for a special in-car episode recorded from a vintage 1971 Chevy pickup truck. The episode explores whether British Columbia should expand photo radar and speed camera enforcement, comparing BC’s current system with stricter approaches used in places like Australia and recent restrictions introduced in A...

This week on Driving Law, Kyla Lee and Paul Doroshenko break down what may be one of the most consequential Canadian decisions on drug recognition evaluations. The case examines what happens when police fail to follow the required 12-step DRE process, and why skipping even one step can make the entire investigation unlawful. They discuss how drug recognition evaluations function as warrantless sea...