Driving Law

This week on Driving Law, Paul Doroshenko takes the wheel while Kyla is away in court, joined by articled students Alice and Alison for a special in-car recording from his 1953 Buick. The episode kicks off with a reflective discussion about what the students have learned during their time at the firm—covering complex topics like BC's Immediate Roadside Prohibition (IRP) scheme, the science and limitations of breath testing, and the often-overlooked role that language barriers and misinformation play in roadside legal encounters. They then dive into a fascinating Ontario case where a driver failed an ASD (Approved Screening Device) breath test shortly after consuming alcohol at a liquor store. After realizing the initial result may be invalid, police conducted a second test without a fresh demand. Paul and the students unpack the Charter implications—particularly Section 8 (unreasonable search and seizure) and Section 10(b) (right to counsel)—and debate whether the second test was lawful or a rights violation