Driving Law

Four weeks. Four decisions. Kyla and Paul share details of recent Acumen Law Corporation cases and how the impact they will have on the law in BC. They include a ruling that has major implications for the offence of using an electronic device while driving. Also, the law of bailment made a rare return to BC courts thanks to Acumen lawyer Roy Ho, who makes an appearance on the show. There's also a case involving a passenger of a vehicle who was charged with impaired driving and an appeal involving a man who was charged with failing to provide a breath sample. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko Follow Roy Ho on Twitter: twitter.com/RoyAcumenLaw www.acumenlaw.ca www.vancouvercriminallaw.com

Cannabis activist Dana Larsen talks about 4/20 and cannabis-impaired driving laws. Paul Doroshenko is also on the podcast to discuss BC's controversial civil forfeiture laws as well as discrimination and place of residency in auto insurance. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko Follow Dana Larsen on Twitter: twitter.com/DanaLarsen www.acumenlaw.ca www.vancouvercriminallaw.com

Changes to the Motor Vehicle Act may have slipped under the radar but nothing escapes Paul Doroshenko and Kyla Lee. The amendments, including new rules about post-driving consumption, are explained. Also up for discussion is Vancouver City Council's controversial plan to withhold driver's licences and vehicle insurance for people who don't pay fines for fighting. Acumen Law Corporation's Brandon Moscoe also joins the podcast to talk about an interesting case he has recently had involvement with. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko Follow Brandon Moscoe on Twitter: twitter.com/BrandonMLawyer www.acumenlaw.ca www.vancouvercriminallaw.com

Personal injury lawyer Erik Magraken, of MacIsaac & Company returns to the podcast. He and Kyla talk about recently announced changes to ICBC policy including limiting the number of expert reports drivers are allowed to have. There's also a recent court case which could have far-reaching consequences for personal injury litigation in the future. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Erik Magraken on Twitter: twitter.com/erikmagraken www.acumenlaw.ca www.vancouvercriminallaw.com

Paul Doroshenko returns to speak to Kyla about how the provincial government is implementing new limits on the use of duelling experts in ICBC injury claims.⁣ They also discuss the rules surrounding clearing snow from your vehicle as well as why tow yards are refusing to release vehicles back to drivers. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer www.acumenlaw.ca www.vancouvercriminallaw.com

Kyla speaks to Scott MacDonald, the author of Cannabis Crashes: Myths and Truths. They discuss the book's topics, including the scientific evidence between cannabis use and traffic collisions and the validity of biological drug tests to detect cannabis impairment. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer www.acumenlaw.ca www.vancouvercriminallaw.com

Kaitlyn Perrin, a lawyer at YYC Criminal Defence in Calgary, joins Kyla Lee to share her insights into driving law in Alberta. Including discussion of the Alberta Administrative Licence Suspension regime and how it compares to some of BC's driving regulations. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Kaitlyn Perrin on Twitter: twitter.com/Kait_Perrin www.acumenlaw.ca www.vancouvercriminallaw.com https://yyccriminaldefence.ca

The federal government is introducing new regulations for truck driver training next year in the wake of the Humboldt Broncos bus crash. Kyla and Paul discuss the acquittal of a man accused of possessing fentanyl pills after a BC Justice said his charter rights were violated. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko www.acumenlaw.ca www.vancouvercriminallaw.com

Thomas Harding, of Trial Lawyers Advocacy Group, joins Kyla Lee to discuss, among other things, ICBC's so-called meat chart. The insurer assigns values to different body parts should they be lost as a result of an auto accident. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Trial Lawyers Advocacy Group on Twitter: twitter.com/group_trial www.acumenlaw.ca www.vancouvercriminallaw.com www.tlag.ca

Paul returns to speak with Kyla about the surprise guilty plea entered by the driver involved in the tragic Humboldt Broncos crash last year. They also talk about the new offence of being at or above 80 mg of alcohol per 100 ml of blood in the two hours after driving. There's also the interesting case of a man who was given an ASD demand after returning empty bottles at a liquor store plus lots more. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko www.acumenlaw.ca www.vancouvercriminallaw.com

Mike Farnworth, the Minister of Public Safety and Solicitor General for British Columbia joins Kyla Lee for a wide-ranging discussion about the future of cannabis-impaired driving in the province. There's an update on what's happening with the 90-day prohibitions for cannabis-impaired and drug-impaired driving in BC. Anyone who is working in the marijuana industry or who has an interest in cannabis legislation will find their conversation about the role of the Community Safety Unit, nicknamed the "pot police", illuminating. Minister Farnworth also gives Kyla the low-down on red-light cameras which have been labelled "photo radar 2.0". Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Mike Farnworth on Twitter: twitter.com/mikefarnworthbc www.acumenlaw.ca www.vancouvercriminallaw.com

Kyla interviews Karen Jokinen and Peter Keen, authors of Impaired Driving and Other Criminal Code Driving Offences: A Practitioner's Handbook. The legal textbook includes changes to driving offences in the Criminal Code which came into effect on December 18. Listen to the podcast for a 10% discount code on the book until January 15. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer www.acumenlaw.ca www.vancouvercriminallaw.com

The Attorney General of BC, David Eby, is the special guest of this week's episode. Kyla Lee speaks to the lawyer and member of BC's Legislative Assembly who has been at the centre of wide-ranging changes to ICBC. Mr. Eby answers questions about his plans to reform ICBC and their impact on the legal community. He also responds to reports of luxury cars being used in money laundering as well as the future of the insurance defence bar in BC. A must-listen for anyone with an interest in the future of driving in British Columbia. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow David Eby on Twitter: twitter.com/Dave_Eby www.acumenlaw.ca www.vancouvercriminallaw.com

Kyla and Paul delve into the topic of changes to the dispute process for 24 hour driving prohibitions. They also talk about impending changes to the impaired driving law landscape. They also discuss the new offence of having loose cannabis in the car. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko www.acumenlaw.ca www.vancouvercriminallaw.com

Kyla and Paul discuss changes to the procedure of challenging the reliability of breathalyzer results. Also, could burping inadvertently lead to incorrect breathalyzer readings? Kyla and Paul talk about the possibility of wrongful drunk driving convictions as a result of acid reflux. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko www.acumenlaw.ca www.vancouvercriminallaw.com

A successful appeal by Acumen lawyers Brandon Moscoe and Emma Wilson has implications for driving law in British Columbia. Kyla Lee and Paul Doroshenko discuss disciplinary actions after a West Vancouver police officer was caught sexting domestic abuse victims. Also, ICBC is cutting redirecting half of its advertising budget to traffic enforcement and a tragic Edmonton driving law case creates cause for concern. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko www.acumenlaw.ca www.vancouvercriminallaw.com

Special guest Erik Magraken, personal injury lawyer and author of the BC Injury Law and ICBC Claims Blog, joins Kyla to talk about the changes to 'minor' injury claims policy. Listen to how BC drivers are in for a 'rude awakening' next year. Also, Kyla and Paul talk about recently introduced ride-hailing legislation. Are there too many restrictions to attract companies like Uber? Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko Follow Erik Magraken on Twitter: twitter.com/erikmagraken www.acumenlaw.ca www.vancouvercriminallaw.com

Kyla Lee and Paul Doroshenko share their thoughts on proposals to restrict trucks to the right-hand lane on certain sections of the Coquihalla Highway. Kyla and Paul make a big splash when they dive into the topic of impaired canoeing. They also take a look at what's happened one month on from cannabis legalization. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko www.acumenlaw.ca www.vancouvercriminallaw.com

Paul and Kyla dive into the topic of changes to the speed limit on BC's highways. They also discuss the new offence of having loose cannabis in the car. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko www.acumenlaw.ca www.vancouvercriminallaw.com

Nizar Shajani, a forensic toxicologist, and Jan Semenoff, an expert witness and former police officer, join Kyla Lee for some debate. In a recent decision, the Supreme Court Court ruled that Crown is not obliged to routinely disclose breathalyzer maintenance records to the defence. Nizar and Jan present conflicting opinions on the ruling in a lively episode. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer www.acumenlaw.ca www.vancouvercriminallaw.com