Driving Law

The special guest on this week's pod is Acumen Law articling student Maryam Majdzadeh. Maryam talks to Kyla about a traffic ticket case that was delayed for more than a year due to the Covid-19 pandemic. The defendant argued the case should be thrown out because the delay infringed upon his right to be tried within a reasonable time. But did the Court see it this way? Also, the Ridiculous Driver o...

Former police officer and forensic traffic consultant Grant Gottgetreu is Kyla Lee's special guest this week. They cover topics related to correct police procedure. A recent case involving a driver, who had a CB Radio in her car, has clarified the law around the use of electronic devices while driving. However, are police expected to stay up to date on case law? Then, Grant shares his views on ano...

Kyla Lee and Emma Wilson talk about the week's big driving law news including a case in which a man was pulled over on suspicion of drug possession for the purposes of trafficking. The case raises issues surrounding disclosure which could have an impact on driving law. The Ministry of Public Safety has told ICBC not to issue new driver's licences to people who have outstanding COvid-19 fines. Kyla...

A driver convicted of dangerous driving has got Kyla and Paul talking this week. They examine how sentencing works for dangerous driving and also when a discharge may or may not apply. This week marks the introduction of no-fault vehicle insurance in BC. A recent case already suggests it will have some problems. A nurse who was injured in an accident found herself in a dispute with ICBC after it d...

A special episode examining the Covid-19 travel restrictions from different angles. With the BC government yet to provide clarification on its recently imposed travel restrictions, Kyla and Paul discuss the government's messaging and whether it could have been better. Kyla and Paul then turn their attention to the federal government and the debate between protecting the safety of the public and in...

Covid-19 restrictions on non-essential travel between health authority areas are coming into effect in BC. The new rules will enable police to randomly stop vehicles, but what legal powers do they have at a roadblock? Are the new rules enforceable and how will violations be prosecuted? Meanwhile, some questionable proceedings at court have led to calls for new court rules to prevent time-wasting c...

A new study from the USA's National Institute of Justice shows that current methods for testing drivers for impairment by cannabis at the roadside are unreliable. Kyla and Paul discuss what impact, if at all, the findings will have on law enforcement in Canada. Could impaired driving lawyers in Canada be doing more to help their clients? What lessons can they learn from their counterparts in the U...

Tiger Woods was in the news after an investigation into his recent crash concluded he was driving at nearly twice the speed limit at the time. So why wasn't he charged with speeding? Kyla Lee and Paul Doroshenko examine some of the possible reasons. Meanwhile, there was some controversy after it was revealed an officer recently named an inspector with Surrey PD has a history of impaired driving. K...

Paul Doroshenko is joined by Jan Semenoff, an expert on alcohol breath testing and editor of Counterpoint, the journal of science and the law. They discuss topics including BC's Immediate Roadside Prohibition scheme. Follow Paul Doroshenko on Twitter: twitter.com/pauldoroshenko Follow Paul Doroshenko on Instagram: instagram.com/pauldoroshenko Follow Jan Semenoff on Twitter: twitter.com/jansemenoff...

Kyla and Paul react to the big news that the Supreme Court of Canada found Ottawa's carbon tax bill constitutional. The news has big implications for the future of driving law. A judicial review of an IRP decision raises Charter violation issues in relation to cases where a person is charged with refusal to provide a sample of breath. Also, we find out how you can plead guilty by accident. In a re...

With courts reopened, should members of the justice system be given a priority in the Covid-19 vaccine waiting list? Kyla and Paul share their thoughts. Also up for discussion is a traffic court case in which a defendant made an application for a stay of proceedings following a delay with a disclosure request. A debate over whether cyclists should be licences and insured was reopened this week. Ky...

A new gun bill, the Firearm Violence Prevention Act, aims to reduce gun crime. Kyla and Paul find out about the provisions of the bill that relate to driving. They include measures to seize vehicles suspected of carrying illegal firearms. Kyla and Paul examine deemed convictions and in particular a case in which a court issued a driving prohibition even though the defendant had already paid a fine...

Special guest Erik Magraken, a personal injury lawyer and author of the BC Injury Law Blog, returns to the show. He talks to Kyla about the BC Supreme Court's declaration this week that the Civil Resolution Tribunal's jurisdiction over accident claims is unconstitutional. Co-host Paul Doroshenko then joins Kyla for a discussion about the long-term effects of the pandemic on people's health and how...

Kyla and Paul talk about an interesting case in which an elderly driver said he unknowingly hit a pedestrian before leaving the scene. Paul discusses hit and run cases and what it takes to mount a defence. New legislation tabled by the federal government proposes justice system reforms in light of lessons learned from Covid-19. They include court reforms but also troubling changes to warrants. Fin...

Another motor assisted cycle decision has been released, this time from the BC Court of Appeal. Kyla and Paul discuss the implications it has for the vehicles' definition. Then, we hear about a fatal crash involving a school bus that left one of the students with life-changing injuries. The case is still yet to be resolved despite the fact it happened nearly 10 years ago. Also, did you know that I...

A recent BC Supreme ruling clarifies the definition of a motor assisted cycle. Kyla and Paul examine why the difficulty in telling motor assisted cycles apart from motorcycles has been an issue for the courts. Another recent case from provincial court could have a bearing on traffic court hearings that were adjourned to a future date due to Covid-19. Kyla and Paul explain why. Plus, don't miss a b...

This week's show is a case law special. Kyla and Paul dive into some recent court decisions to consider the impact they will have on driving law in BC. The first case involves a woman who received a ticker from a speed camera ticket. She managed to get a reduction in her fine and now the government is suing her for $58. The other decision concerns a police officer who used a memory aid in a speedi...

ICBC announced it is launching an online insurance calculator tool. Find out why it's making Kyla and Paul angry. Then, the co-hosts react to news the City of Vancouver is considering a proposal to eliminate free parking. There was also sad news this week about an incident involving an anti-masker at a traffic court in which a person suffered a broken leg. At the end of the show, it's the podcast...

Kyla and Paul take a deep dive into distracted driving, AKA use of an electronic device while operating a motor vehicle. What does the current legislation say, what does it mean in practice, and do they have any concerns? Spoiler alert: they do. Then, Kyla and Paul explain what a measurand is and what it means for impaired driving and speeding cases. Plus, don't miss Ridiculous Driver of the Week....

A major decision at the BC Supreme Court could affect distracted driving laws. Kyla and Paul find out what it means for drivers. Another decision saw a man take his ticket for speeding all the way to the Supreme Court on grounds of insufficient evidence that the radar device was functioning and the officer operating it was qualified. And with the BC government exploring legal options in light of p...

Kyla Lee and Paul Doroshenko reveal details of two books Kyla has authored. Following concerns raised on this podcast about the risk of spreading coronavirus via police roadside breath testers, the manufacturer of the devices used in Canada has released a new Covid-friendly mouthpiece. Mike Farnworth, the minister in charge of safety on BC's roads, wrote an op-ed about "speeding idiots" It implies...

2020 has been a year of coronavirus, court closures and quarantines. But it hasn't been all bad. Join Kyla Lee and Paul Doroshenko as they take a look back at the last year and hear interviews with some of the guests they have had on the show. Happy New Year from Driving Law. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Kyla Lee on Instagram: instagram.com/kylaleelawyer Follow Paul Dor...

Kyla Lee and Paul Doroshenko react to a video doing the rounds online which features a police car nearly hitting a young girl on a bike in the cycle lane. Next up, the co-hosts discuss the police on Twitter. Are they overstepping the mark with the information they make public on social media? Finally, Kyla and Paul take a look at parking fines, including one hospital where not only do staff have t...

Kyla Lee and Paul Doroshenko react to news that Christmas is officially cancelled. Covid-19 restrictions in BC mean people will not be allowed to travel to see their loved ones. A dazed man involved in a crash left his vehicle on the side of the road and wandered into the woods. Meanwhile, RCMP attending the crash assumed he got a ride home. Kyla and Paul analyze the police response. Plus, don't m...

It's Christmas once again which also means it's the start of Counterattack in BC. Will it be different this year in the midst of a pandemic and is it appropriate to be doing more roadblocks in a pandemic? Hosts Kyla Lee and Paul Doroshenko discuss. Alberta has finally introduced its version of IRPs, the Immediate Roadside Sanction scheme. Kyla and Paul share some of their insights into what Albert...