Driving Law

Driving Law

Driving law drives the law. Our legal system is shaped and developed by what happens when we are in our cars. Acumen Law Corporation lawyer Kyla Lee discusses with guests all things related to the rules of the road and how it is constantly changing the legal landscape.

Author

Driving Law

Category

Education

Podcast website

www.kylalee.ca

Latest episode

Jul 11, 2026

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Episodes

Episode 120: ICBC decals, mandatory breath testing decision 21.08.2020

ICBC decals will no longer be required on licence plates in BC. The law change comes after lots of people had their decals stolen. Kyla and Paul react to the news. In a "dark day in Canadian law," a Saskatchewan provincial court determined that mandatory breath testing is constitutionally valid. Kyla and Paul examine the decision. And, as always, there's a new Ridiculous Driver of the Week. Follow...

Episode 119: Law enforcement and Covid-19, breath test refusal 14.08.2020

A number of Vancouver police offficers tested positive for Covid-19 after breaking up a party. Do police have the right amount of PPE and, if niot, are they potentially putting people at risk? Kyla and Paul share their thoughts. They also talk about a video shared this week in which shows a VPD team arresting a cyclist after allegedly hitting him with a car. Meanwhile, a recent case has highlighte...

Episode 118: Ticket increases, Wildlife Act, excessive noise, Tesla 07.08.2020

The BC government has increased the fine for the unsafe opening of a door from $81 to $368. Kyla and Paul discuss this as well as fines for other traffic offences. Did you know the Wildlife Act endows conservation officers with powers to conduct traffic stops? They also have the power to question you about your hunting. But does this violate Charter rights? Paul and Kyla talk about how police gath...

Episode 117: Special guests Rebeka Breder and Grant Gottgetreu 31.07.2020

Animal law lawyer Rebeka Breder is a brand new guest on this week's show with Kyla Lee. With the hot August long weekend coming up, they discuss what to do if you are confronted by an animal in a hot car. Then, former police officer and forensic traffic consultant Grant Gottgetreu returns to the podcast. He and Kyla talk about wearing masks at roadblocks and what to do if a police officer asks you...

Episode 116: Special guest Jan Semenoff, gender discrimination in alcohol breath testing 24.07.2020

Jan Semenoff, an expert on breath testing and a former police officer, joins Kyla Lee. They discuss the history of how alcohol breath testing works and the role that gender and age play in breath testing. Then they find out if the law aligns with the science of breath testing and whether this means women and also transgender people are discriminated against as a result. And finally, there's a Ridi...

Episode 115: Traffic court, jury trials, proof of lost income 17.07.2020

As traffic court resumes after a significant lockdown-enforced break, Kyla Lee shares her experiences of the measures put in place to prevent the spread of Covid-19. Kyla and Paul continue their discussion of proposed reforms to eliminate jury trials in some cases. They also look at proving lost income in ICBC cases and whether there's an alternative to calling an expert witness to testify about a...

Episode 114: Counterattack, roadtests, ICBC lowballing and the end of jury trials in civil cases 10.07.2020

As the police get ready to launch Counterattack roadblocks in BC, Kyla and Paul ask: is it worth the money? And is there a danger of doing them this summer given the Covid-19 outbreak? With news that roadtests are going to resume in BC, Kyla and Paul ponder how to clear the backlog of 55,000 cancelled tests and the Covid-19 measures being put in place for examiners. In other news, ICBC had its knu...

Episode 113: Appealing a ticket after paying, crossing the border in Covid-19 era 03.07.2020

Can you still appeal your traffic ticket after you've paid? Kyla Lee and Paul Doroshenko pick apart two recent BC Supreme Court decisions to find some answers. One of the judgments involved an excessive noise ticket and the other was a red light camera ticket. Both drivers said they mistakenly paid the ticket without knowing the full consequences. Also, an increase in vehicles with out-of-province...

Episode 112: Uber, traffic court update, racial profiling 26.06.2020

Kyla makes a bold prediction ahead of a Supreme Court of Canada case between Uber and a former driver. There's an update on traffic court as hearings are set to resume in mid-July, but will all areas of BC get the same levels of access? Have changes to ICBC insurance resulted in an unintended increase in racial profiling by police? And, Kyla and Paul examine the treatment of First Nations Chief Al...

Episode 112: Rayshard Brooks, breach of insurance for intoxication 19.06.2020

Following the shooting of Rayshard Brooks by an Atlanta police officer at a Wendy's drive-thru, do people now feel in danger when they interact with the police? Kyla and Paul discuss. A recent Supreme Court decision made the assertion that morally innocent decisions are not punishable in Canada. Kyla and Paul debate whether this is actually true. The BC Court of Appeal recently ruled on a case inv...

Episode 111: Racial bias in policing, law of search, traffic court update 12.06.2020

Kyla Lee and Paul Doroshenko address the issue of racial bias in policing in Canada as Alberta prepares to introduce a new impaired driving prohibition scheme. An important impaired driving case from the Ontario Court of Appeal clarifies the laws around police searches. There's an update on the status of traffic court as the backlog of cases since Covid-19 continues to grow. Also, there's a new Ri...

Episdoe 110: Traffic court Covid-19 measures, hit and run, distracted driving 05.06.2020

Kyla Lee and Paul Doroshenko talk about the return of traffic court following a Covid-19 hiatus. What measures are being put in place and are they enough? How will they solve the backlog of adjourned cases? Also, and interesting ICBC claim sparks some interesting discussion about hit and run cases and the steps you need to take to identify other vehicle owners. A recent court case ruled on whether...

Episode 109: Special guest Ron Moore 29.05.2020

Toxicologist Ron Moore returns to the podcast. He speaks to Kyla Lee about the different types of alcohol your body produces naturally or that get into your body through occupational exposure. They can result in false readings on different types of alcohol screening devices. Also, Kyla and co-host Paul Doroshenko discuss a BC Supreme Court distracted driving ruling which effectively makes it again...

Episode 108: Special guest Erik Magraken 22.05.2020

Kyla Lee welcomes personal injury lawyer Erik Magraken back to the podcast. The author of the BC Injury Law Blog shares a shocking statistic about Civil Resolution Tribunal outcomes involving ICBC in the past year. Erik also explains why you should take a lot of information that comes out of ICBC with a big helping of salt. Plus, don't miss the grossest ever Ridiculous Driver of the Week. Follow K...

Episode 107: ICBC dumpster fire burns on, fraud, speed limiters 15.05.2020

It looks like the ICBC dumpster fire won't be extinguished for quite some time. The insurer has partially blamed its dire financial straits on Covid-19. Kyla Lee and Paul Doroshenko a closer look. Paul and Kyla pick apart a B.C. Court of Appeal fraud decision and how it relates to driving law. The Ridiculous Driver of the week who was caught going 300 km/hr sparks a debate over speed limiters. Fol...

Episdoe 106: Courts re-opening, Surrey v. Uber, speeding increase 08.05.2020

B.C.'s courts announced plans to resume normal operations after weeks of being closed due to COVID-19. Kyla Lee and Paul Doroshenko discuss new measures being put into place and what they mean for driving law-related cases. Details have emerged of the City of Surrey's legal battle with Uber. Also, the decrease in traffic due to coronavirus has led to a reported increase in speeding. Plus, don't mi...

Episode 105: Special guest Brandon Moscoe 01.05.2020

On this week's podcast with Kyla Lee and Paul Doroshenko, a story about people in Ontario posing as police to enforce COVID-19 social distancing measures prompts more discussion. After ICBC cancelled roadtests in light of the pandemic, is there some other way to clear the backlog of people trying to get their licences? Also, could ICBC be doing more to lower people's vehicle insurance as people us...

Episdoe 104: Mass shooting in Nova Scotia, arbitrary detention, bail in light of COVID-19 24.04.2020

Tragic news of the largest mass murder in Canada's history shocked the world this week. One of the details to emerge from the devastating incident was that the perpetrator apparently used a vehicle made to look like an RCMP car. How was he able to do this and what are some of the regulations around acquiring police vehicles. Kyla Lee and Paul Doroshenko find out. A Court of Appeal decision about a...

Episode 103: Dangerous Driving, Distracted Driving, The AcuTones: COVID-19 Blues 17.04.2020

The Supreme Court of Canada has made a ruling in a high-profile dangerous driving case. Kyla Lee and Paul Doroshenko give their reactions and explain what it means for driving law in Canada. A recent case, in which a driver was penalized for having a phone resting on his lap, shows how completely absurd distracted driving laws have become. Also, don't miss the podcast premiere of The AcuTones' new...

Episode 102: Coronavirus 10.04.2020

Coronavirus continues to affect driving law in many different ways. Kyla Lee and Paul Doroshenko explore how the virus is impacting the roads in B.C. ICBC has moved to over-the-phone insurance renewals in response to COVID-19. Could this be a blessing in disguise to help the insurer cut costs? Also don't miss the Ridiculous Driver of the Week. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Foll...

Episode 101: Special guests Erik Magraken and Jan Semenoff 03.04.2020

A packed episode this week. First, returning to the show is Erik Magraken, lawyer and author of the BC Injury Law Blog. He talks to Paul Doroshenko about what happens to disbursements when lawyers change firms. Kyla Lee is back on the show to tell us about the Ridiculous Driver of the Week. And finally, last week's guest Jan Semenoff returns to talk about fever and breath testing. Follow Kyla Lee...

Episode 100: Special guest Jan Semenoff 27.03.2020

"Co-hostest with the mostest" Paul Doroshenko is hostest with the mostest this week. His guest is Jan Semenoff, an expert on breath testing and a former police officer. COVID-19 is raising issues regarding breath testing. For one, will those who recover from the disease with reduced lung function still be able to provide breath samples and could they be charged with failing to provide a sample thr...

Episode 99: No charges likely in Car2Go crash, new cell phone legislation 20.03.2020

Kyla Lee and "co-hostest with the mostest" Paul Doroshenko present the podcast hunkered down in their respective coronavirus bunkers. The Vancouver PD has announced that the driver of a Car2Go car involved in a fatal car crash last year is unlikely to be charged. The Motor Vehicle Act Amendment Bill could redefine the offence f use of an electronic device while driving. Kyla and Paul look at what...

Episode 98: Special guest Deandra Grant 14.03.2020

Kyla Lee's special guest this week is Deandra Grant, executive director of the DUI Defense Lawyers Association. She explains auto-brewery syndrome and what it could mean for the future of driving law. Then, we look back on some of our favourite Ridiculous Drivers of the Week. And to round off the pod, we have some original music by the AcuTones. Enjoy. Follow Kyla Lee on Twitter: twitter.com/IRPla...

Episode 97: 🚨IRP Red Alert🚨, RCMP Freedom of Information disclosure 06.03.2020

Kyla Lee and Paul Doroshenko are on 🚨IRP red alert🚨. The government has announced new legislation to amend the Immediate Roadside Prohibition scheme. Kyla and Paul look at how it could signal a significant restriction on drivers' rights. Paul recently obtained some eye-opening disclosure about the RCMP lab from a Freedom of Information request. And finally, there's Ridiculous Driver of the Week....

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