Driving Law

In this week's episode, Kyla talks to Luisa Hlus, a Regulatory Defence lawyer at Acumen Law with experience in handling complex cases involving the regulation of self-governing professions. They discuss the RB decision from the BC Court of Appeal. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Kyla Lee on Instagram: instagram.com/kylaleelawyer www.vancouvercriminallaw.com

In this episode, Kyla speaks to Monica Kretschmer, founder and CEO of Universal Womens Network. They discuss Monica's new book, Road Show and the impact of women empowerment in leadership roles. Also, don't miss the new Ridiculous Driver of the Week. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Kyla Lee on Instagram: instagram.com/kylaleelawyer www.vancouvercriminallaw.com

Kyla Lee is joined by Jan Semenoff, an expert on alcohol breath testing and editor of Counterpoint, the journal of science and the law. They discuss issues on accuracy and procedure about breathalyzers and blood kits. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Kyla Lee on Instagram: instagram.com/kylaleelawyer Follow Jan Semenoff on Twitter: twitter.com/jansemenoff www.vancouvercriminallaw.com

Brandon Moscoe of Acumen Law Corporation is the special guest on this week's show. He talks to Kyla Lee about a proposed parking tax on some gas-powered vehicles in Vancouver. They also discuss some defences to cell phone tickets, including whether or not having your vehicle in park is a valid defence. Also, don't miss the new Ridiculous Driver of the Week. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Kyla Lee on Instagram: instagram.com/kylaleelawyer Follow Brandon Moscoe on Twitter: twitter.com/BrandonMLawyer www.vancouvercriminallaw.com

This week we have special guest Erik Magraken, a personal injury lawyer and author of the BC Injury Law Blog. He speaks to Kyla Lee about ICBC's Fairness Commissioner. Also, there's a new Ridiculous Driver of the Week. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Kyla Lee on Instagram: instagram.com/kylaleelawyer Follow Erik Magraken on Twitter: twitter.com/erikmagraken www.vancouvercriminallaw.com www.bc-injury-law.com

This week we take a look back at some past episodes about the topic of cannabis-impaired driving. There's a fascinating interview with lawyer and toxicologist Ron Moore. That's followed by an interview with cannabis activist, Dana Larsen. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Kyla Lee on Instagram: instagram.com/kylaleelawyer www.vancouvercriminallaw.com

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 of the Week features a driver who allegedly went more than double the speed limit. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Kyla Lee on Instagram: instagram.com/kylaleelawyer www.vancouvercriminallaw.com

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 another case. Two men were arrested for a non-existent offence. In the course of the arrest, the men were suspected of a separate offence of manslaughter. Now, the Supreme Court has to decide if any of the evidence is admissible. And finally, there's a new Ridiculous Driver of the Week. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Kyla Lee on Instagram: instagram.com/kylaleelawyer Follow Grant Gottgetreu on Twiter: twitter.com/darth_radar_ www.vancouvercriminallaw.com forensictrafficpro.com

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 and Emma discuss what measures ICBC has to uphold fines and also whether or not using these powers to enforce Covid-19 restrictions is fair. An interesting driving law case raises the issue of whether police are allowed to question passengers during a traffic stop. Are passengers being lawfully detained in such instances? And finally, there's a new Ridiculous Driver of the Week. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Kyla Lee on Instagram: instagram.com/kylaleelawyer Follow Emma Wilson on Twitter: twitter.com/EmmaAcumenLaw www.vancouvercriminallaw.com

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 denied her full claim. And join Kyla and Paul for a new Ridiculous Driver of the Week. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Kyla Lee on Instagram: instagram.com/kylaleelawyer Follow Paul Doroshenko on Twitter: twitter.com/pauldoroshenko Follow Paul Doroshenko on Instagram: instagram.com/pauldoroshenko www.vancouvercriminallaw.com

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 infringing upon Charter rights. They also talk about the impact vaccinations will have on people's freedom of movement. Could restrictions in the future discriminate against people who are unvaccinated? Last but not least, there's Ridiculous Driver of the Week. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Kyla Lee on Instagram: instagram.com/kylaleelawyer Follow Paul Doroshenko on Twitter: twitter.com/pauldoroshenko Follow Paul Doroshenko on Instagram: instagram.com/pauldoroshenko www.vancouvercriminallaw.com

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 cases from going too far. Kyla and Paul discuss a recent case in which ICBC was ordered to pay special costs to a litigant for its "reprehensible tactics". A judicial review of an IRP acts as a good case study for why you shouldn't represent yourself. And finally, this week's Ridiculous Driver of the Week has to be seen to be believed: https://www.dailymail.co.uk/news/article-9467499/All-aboard-Motorist-Mexico-packs-belongings-slowly-moving-Ford-pickup-truck.html Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Kyla Lee on Instagram: instagram.com/kylaleelawyer Follow Paul Doroshenko on Twitter: twitter

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 US? A proposal put forward by the BC Cycling coalition has Kyla's blood boiling. The motion would amend the Motor Vehicle Act to require passing drivers to keep 1.5 m away from cyclists. And, as usual, there's Ridiculous Driver of the Week. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Kyla Lee on Instagram: instagram.com/kylaleelawyer Follow Paul Doroshenko on Twitter: twitter.com/pauldoroshenko Follow Paul Doroshenko on Instagram: instagram.com/pauldoroshenko www.vancouvercriminallaw.com

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. Kyla and Paul discuss what happens when officers get charged with such offences. Then, the BC Supreme Court recently upheld an 85-year-old woman's five-year driving prohibition for driving without due care and attention after she hit a toddler. But was the sentence proportionate? A new Ridiculous Driver of the Week rounds off the podcast. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Kyla Lee on Instagram: instagram.com/kylaleelawyer Follow Paul Doroshenko on Twitter: twitter.com/pauldoroshenko Follow Paul Doroshenko on Instagram: instagram.com/pauldoroshenko www.vancouvercriminallaw.com

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 www.vancouvercriminallaw.com www.counterpoint-journal.com

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 recent traffic court case, a woman accidentally plead guilty to two traffic tickets after her daughter paid her fines without her knowing. We hear what a court made of her defence. Finally, we have Ridiculous Driver of the Week. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Kyla Lee on Instagram: instagram.com/kylaleelawyer Follow Paul Doroshenko on Twitter: twitter.com/pauldoroshenko Follow Paul Doroshenko on Instagram: instagram.com/pauldoroshenko www.vancouvercriminallaw.com

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. Kyla and Paul look at both sides of the argument. Finally, there's Ridiculous Driver of the Week. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Kyla Lee on Instagram: instagram.com/kylaleelawyer Follow Paul Doroshenko on Twitter: twitter.com/pauldoroshenko Follow Paul Doroshenko on Instagram: instagram.com/pauldoroshenko www.vancouvercriminallaw.com

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. Then a mail-in topic from a listener, concerning ICBC experts and their treatment in court, is up for discussion. And finally, there's the Ridiculous Driver of the Week. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Kyla Lee on Instagram: instagram.com/kylaleelawyer Follow Paul Doroshenko on Twitter: twitter.com/pauldoroshenko Follow Paul Doroshenko on Instagram: instagram.com/pauldoroshenko www.vancouvercriminallaw.com

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 it could impact driving enforcement. He argues an increase in people suffering from gastroesophageal reflux disease, or GERD, may lead to more people than ever giving false readings on roadside alcohol breath testers. Finally, there's a new Ridiculous Driver of the Week. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Kyla Lee on Instagram: instagram.com/kylaleelawyer Follow Paul Doroshenko on Twitter: twitter.com/pauldoroshenko Follow Paul Doroshenko on Instagram: instagram.com/pauldoroshenko Follow Erik Magraken on Twitter: twitter.com/erikmagraken www.vancouvercriminallaw.com www.bc-injury-law.c

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. Finally, there's a double helping of Ridiculous Driver of the Week. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Kyla Lee on Instagram: instagram.com/kylaleelawyer Follow Paul Doroshenko on Twitter: twitter.com/pauldoroshenko Follow Paul Doroshenko on Instagram: instagram.com/pauldoroshenko vancouvercriminallaw.com