Driving Law

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...

There has been a cabinet reshuffle in the BC government, including David Eby who is no longer in charge of ICBC. Kyla Lee and Paul Doroshenko find out what this means for driving. There has been an outbreak of Covid-19 cases at a provincial court in Surrey. Kyla and Paul talk about a case in which a driver appealed against his distracted driving ticket on the basis of a news story he had read that...

Kyla Lee and Paul Doroshenko discuss the week's big driving law news. A new study provides some insight on ways that you can lower your blood alcohol concentration. BC has imposed new Covid-19 restrictions, including mandatory masks in public indoor spaces and no travel around the province. Kyla and Paul explain what this could mean for drivers and businesses. An interesting Ridiculous Driver of t...

Kyla Lee interviews immigration and refugee lawyer, Aidan Campbell. They discuss the impact recent legislation changes will have for people facing removal from Canada for impaired driving offences. Kyla and co-host Paul Doroshenko discuss the new Covid-19 restrictions in effect in British Columbia and what they mean for driving law. The new rules mean you cannot drive outside of your health author...

Ontario is allowing greater prosecutorial discretion in impaired driving cases. The move is aimed at easing a backlog of DUIs by enabling some of them to be tried as lesser charges under the Motor Vehicle Act. Kyla and Paul react to a successful judicial review of an IRP decision as well as another case where an order issued to protect privacy has raised some questions. They also discuss a story a...

Kyla Lee and Paul Doroshenko react to the week's driving law stories, including news that mobility pricing is coming to Vancouver - effectively a tax on driving downtown. They discuss a story about a "super drunk" driver and dissect the provincial election results. There's a new segment, Driving Hero of the Week, followed by Ridiculous Driver of the Week. Also, listen to a clip from Kyla's new son...

A suspected arson forced major routes in Vancouver to close this week. Kyla Lee and Paul Doroshenko ask whether an arsonist could be held liable for their interruption of traffic as well as associated ICBC claims. There's more election chat as BC residents head to the polls, including the topic of opening up competition to ICBC. Kyla and Paul also discuss a Vancouver City Council motion to provide...

As Covid-19 cases continue to rise and Ontario shutting its traffic courts until January, Kyla and Paul ponder what's in store for traffic courts here in BC. With news this week that coronavirus can be preserved and maintained on a surface for an extended period of time, what are the implications for breath testing equipment? Kyla and Paul discuss a government bill to amend Motor Vehicle Act provi...

A recent BC Supreme Court decision clarified the rules around wearing earbuds while driving. Kyla Lee and Paul Doroshenko discuss the ruling and what it means for distracted driving laws in BC. With the provincial election coming up, is it time for new legislation to clear up confusing distracted driving laws? Also on the podcast, Kyla and Paul examine some of the promises politicians have been ma...

D-Day for Alberta. IRPs are coming to the province on December 1st. Kyla Lee and Paul Doroshenko discuss a recent BC Supreme Court decision involving a notice of extension of an IRP issued by RoadSafetyBC. Kyla and Paul then discuss the sentencing in a high-profile dangerous driving causing death case that reached the Supreme Court. Also there's Ridiculous Driver of the Week. Follow Kyla Lee on Tw...

With the NDP announcing a snap BC provincial election in October, Kyla Lee and Paul Doroshenko take a deep dive into the issues affecting BC drivers. They look at the major parties' history of driving legislation as well as where they each stand on issues such as speeding, distracted driving and impaired driving. Also, don't miss the new Ridiculous Driver of the Week. Follow Kyla Lee on Twitter: t...

Paul Doroshenko hosts this week with two special guests. Breath testing expert and former police officer Jan Semenoff speaks to Paul about concerns that police breath testing equipment poses a Covid-19 risk. Also, do people who have already contracted the virus have difficulty providing a breath sample? Then, Acumen Law Corporation's Roy Ho who handles insurance claims and insurance litigation. He...

On this podcast, Kyla and Paul discuss a Supreme Court of Canada decision on a defamation case involving a doctor hired by insurance companies for motor vehicle accident claims. They also get into how the case may have an impact on IRP reviews. Bad news for 'L' drivers as they will get no more extensions to take their tests in light of Covid-19 delays. Despite the fact no-one can get a test until...

Kyla and Paul discuss a petition to change hit and run laws. The changes would give added obligations to drivers at the scene of an accident if they hit a child. They also discuss discriminatory policing, including practices when handcuffing suspects in IRP investigations. In the US, Virginia's state senate has passed a new law against so-called "stop and sniff" police stops. The law prohibits off...

With road tests interrupted by Covid-19, Kyla and Paul check in to see how examiners are coping with the backlog. There was saddening news that overdose deaths have reached record-breaking levels in BC. Could we apply lessons from impaired driving law to drug enforcement in order to quell the crisis? Kyla and Paul discuss a case involving a man charged with impaired driving who said he unwittingly...