Driving Law

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: 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 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 speaks to Paul about auto insurance for gig economy workers. Recent changes have given delivery drivers a lot to consider when obtaining insurance. Follow Paul Doroshenko on Twitter: twitter.com/pauldoroshenko Follow Paul Doroshenko on Instagram: instagram.com/pauldoroshenko Follow Jan Semenoff on Twitter: twitter.com/jansemenoff Follow Roy Ho on Twitter: twitter.com/RoyAcumenLaw www.vancouvercriminallaw.com

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 January, many learner drivers will miss the deadline to take their tests and have to start the whole process from the beginning. Kyla then interviews ICBC defence lawyer RJ Wallia about the current situation at the insurer. 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 RJ Wallia on Twitter: twitter.com/rabjeetwallia www.vancouvercriminallaw.com

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 officers from conducting impaired driving investigations based on the odour of cannabis.

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 mixed alcohol and prescription drugs. He ran a defence of involuntary intoxication and won. There's also 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

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 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 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 highlighted problems with Canada's laws against refusing a breath test. 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

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 gather evidence for excessive noise investigations and inherent problems with their methods. There's also news about Tesla and how using the smart screen fixed into the car might constitute distracted driving. 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 Paul Doroshenko on Twitter: twitter.com/pauldoroshenko Follow Paul Doroshenko on Instagram: instagram.com/pauldoroshenko www.vancouvercriminallaw.com

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 to remove your mask to see your face. And there's still time for the Ridiculous Driver of the Week. vancouvercriminallaw.com brederlaw.com Follow Kyla Lee on Twitter: twitter.com/IRPLawyer Follow Rebeka Breder on Twitter: twitter.com/animallawcanada Follow Grant Gottgetreu on Twiter: twitter.com/darth_radar_

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 Ridiculous Driver of the Week. Follow Kyla Lee on Twitter: twitter.com/IRPLawyer Follow Jan Semenoff on Twitter: twitter.com/jansemenoff www.vancouvercriminallaw.com

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 person's economic opportunities. 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 www.vancouvercriminallaw.com

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 knuckles rapped in court for lowballing a plaintiff and are jury trials going to be a thing of the past in civil cases? Watch the new music video from The AcuTones – Deep in the Dark of the Jailhouse: https://www.youtube.com/watch?v=UV9WNfp6aWk 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

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 plates sparks a discussion on drivers coming to BC from other provinces and the US in the era of Covid-19. Also don't miss the Ridiculous Driver of the Week. Lawyer Told Me Not to Talk to You face masks are now available to buy – with all profits going to a Canadian registered charity of our choice. Get your stylish mask now at lawyertoldme.com/ 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

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 Allan Adam at the hands of the police after charges against him were dropped. And, of course, there's the Ridiculous Driver of the Week. Lawyer Told Me Not to Talk to You face masks are now available to buy – with all profits going to a Canadian registered charity of our choice. Get your stylish mask now at https://lawyertoldme.com/ 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

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 involving a breach of insurance for alleged intoxication. And, of course, 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

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 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

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 phones with disabling software while driving still count as electronic devices when it comes to distracted driving. Plus, there's a 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

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 against the law to have your phone on or near your lap. Plus, don't miss the Ridiculous Driver of the Week. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko www.acumenlaw.ca www.vancouvercriminallaw.com www.ronaldlmoore.com

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 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

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. 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