Driving Law

In Episode 475 of Driving Law, Kyla Lee and Paul Doroshenko examine a major Supreme Court of Canada decision overturning an acquittal in a fatal dangerous driving case from Vancouver.

The case involves a driver who ran a red light and struck a father pushing his 18-month-old daughter in a stroller. The child was killed and her father was seriously injured. After the driver was acquitted at trial and the BC Court of Appeal upheld the acquittal, the Supreme Court of Canada ordered a new trial.

Kyla and Paul discuss the sharply divided ruling, the legal standard for dangerous driving, whether a momentary lapse of attention can amount to a criminal offence and why the dissenting judges believed the acquittal should have been upheld.

Plus, the Ridiculous Driver of the Week features a lawyer who disputed a speeding ticket, pursued an unsuccessful appeal and unsuccessfully sought to have her name anonymized in the court proceedings.

Check out the "Lawyer Told Me Not To Talk To You" T-shirts and hoodies at Lawyertoldme.com and "Sit Still Jackson" at sitstilljackson.com.

ICBC's no-fault insurance system is back in the political spotlight. Kyla Lee and Paul Doroshenko discuss the provincial election debate, a proposed hybrid insurance system and what the competing approaches could mean for injured drivers in British Columbia.

They also examine the legal consequences when someone dies weeks after a collision, including causation, potential criminal charges and the complications that arise when a person has already been convicted of a related offence.

Plus, the Ridiculous Driver of the Week takes us to Pembroke, Ontario, where two children reportedly took a vehicle for a joyride that ended in a cornfield.

Check out the "Lawyer Told Me Not To Talk To You" T-shirts and hoodies at Lawyertoldme.com and "Sit Still Jackson" at sitstilljackson.com.

Kyla Lee and Paul Doroshenko examine newly obtained freedom of information records concerning the rollout of BC's new Dräger Alcotest 6000 roadside breath-testing device.

The documents reveal discussions about a separate police training program and a proposal to invite RoadSafetyBC adjudicators to attend. Kyla and Paul question what this could mean for the independence of the people responsible for reviewing Immediate Roadside Prohibitions, particularly when the police are parties to those proceedings.

They also examine the involvement of a private consulting company, questions about who might cover training expenses and why further disclosure is needed to establish what actually happened.

Plus, the Ridiculous Driver of the Week features a man wanted on multiple warrants who allegedly attracted police attention by using his phone while driving in Vancouver's Downtown Eastside.

Check out the "Lawyer Told Me Not To Talk To You" T-shirts and hoodies at Lawyertoldme.com and "Sit Still Jackson" at sitstilljackson.com.

In Episode 472 of Driving Law, Kyla Lee examines the legal questions arising from the tragic vehicle incident at a Truth and Reconciliation event in BC that killed two First Nations elders and injured two others.

Kyla explains how police may investigate whether a fatal collision resulted from dangerous driving, criminal negligence, impairment or an unexpected medical emergency. She also looks at how investigators can obtain hospital records and blood evidence, what must be proven when a medical condition is involved, and why an unexpected medical event can provide a defence to criminal charges.

The episode also considers the impact of the tragedy on the affected Indigenous community and why that context could become relevant if charges are eventually laid and the case proceeds to sentencing. Pasted markdown

There is no Ridiculous Driver of the Week in this episode given the seriousness of the subject.

Check out the Lawyer Told Me Not To Talk To You T-shirts and hoodies at Lawyertoldme.com and Sit Still Jackson at sitstilljackson.com.

This week on Driving Law, Kyla Lee and Paul Doroshenko discuss two serious wrong-way driving crashes in BC and an Ontario impaired driving decision involving some remarkably bad police work.

They begin with two recent wrong-way crashes, including a fatal collision on Highway 1 and a multi-vehicle crash involving a tow truck on the Granville Bridge. Kyla and Paul discuss how these investigations unfold, why charge approval can take so long in serious driving cases, and an unusual police comment about keeping Highway 1 closed longer out of respect for the victims.

Next, they break down R. v. Palacios, an Ontario impaired driving case where the judge found serious problems with the officer's evidence and conduct. The officer claimed to have watched the driver go through a yellow light that lasted 12 seconds, used an unofficial "multitasking" test as an indicator of impairment, and then claimed he did not have enough evidence to demand a roadside breath sample despite smelling alcohol. Things only got worse when the driver, who spoke Spanish, tried to understand and exercise his right to a lawyer.

The court ultimately found breaches of the driver's Charter rights, excluded the breath readings and acquitted him. Kyla and Paul discuss what the case says about police training, roadside sobriety investigations and why facilitating the right to counsel continues to cause problems.

Finally, the Ridiculous Driver of the Week is a Florida woman accused of stealing a police cruiser who then turned her bond hearing into a viral courtroom moment.

Check out the 'Lawyer Told Me Not To Talk To You' T-shirts and hoodies at Lawyertoldme.com and 'Sit Still Jackson' at sitstilljackson.com.

This week on Driving Law, Kyla Lee and Paul Doroshenko look at the growing legal problems surrounding e-scooters, e-bikes and other personal electric mobility devices in British Columbia.

Kyla begins with a constitutional challenge she is currently arguing involving a client ticketed for driving without a licence and insurance while using an electric mobility device that is not permitted on BC roads. The client says the device helps accommodate a disability, raising the question of whether BC's current laws discriminate against people who rely on these devices as mobility aids. Kyla explains the limits of a Provincial Court constitutional challenge and what a successful result could mean for similar cases.

That leads into a broader discussion about BC's patchwork of e-scooter and e-bike rules. Municipal leaders at the Union of BC Municipalities are calling for clear, consistent province-wide regulations as the popularity of personal electric transportation continues to grow. Kyla and Paul discuss the confusion created by municipal pilot projects, along with concerns about licensing, insurance, injuries and whether the Motor Vehicle Act has kept pace with new forms of transportation.

They also discuss the possibility of political changes delaying any reforms to these laws and why the province may eventually need a more permanent framework for regulating and insuring personal electric mobility devices.

Finally, the Ridiculous Driver of the Week takes them to Ontario, where police investigating an alleged motorcycle hit-and-run encountered a rider who appeared ready to flee. Instead of starting a vehicle pursuit, an officer approached on foot and tackled the motorcyclist off the bike.

Check out the "Lawyer Told Me Not To Talk To You" T-shirts and hoodies at Lawyertoldme.com and "Sit Still Jackson" at sitstilljackson.com.

In Episode 469 of Driving Law, Kyla Lee and Paul Doroshenko discuss BC’s plans to replace its intersection enforcement cameras with newer technology capable of automatic licence plate recognition and other advanced monitoring.

They examine the privacy implications of collecting vehicle data at major intersections and why technology introduced for traffic enforcement can raise broader questions about government surveillance.

Kyla and Paul also return to BC’s growing e-scooter and e-bike problem, including young riders allegedly fleeing from police, increasingly powerful electric bikes and whether stronger enforcement and penalties are now needed.

Plus, the Ridiculous Driver of the Week features a taxi driver who picked up a motorist whose vehicle had just been impounded for excessive speeding — only to allegedly get the taxi impounded for excessive speeding too.

Check out the "Lawyer Told Me Not To Talk To You" T-shirts and hoodies at Lawyertoldme.com and "Sit Still Jackson" at sitstilljackson.com.

E-scooters are getting faster, police are cracking down and the consequences can extend far beyond a simple ticket.

This week, Kyla Lee and Paul Doroshenko discuss enforcement against e-scooter riders in BC after a summer of serious and fatal incidents. They look at what can happen when an e-scooter exceeds the legal requirements, why riders can potentially face motor-vehicle offences, and how tickets could affect a teenager's driving record or ability to get a licence.

They also discuss school districts restricting e-scooters and e-bikes, before turning to another growing problem: drivers apparently falling asleep behind the wheel while relying on vehicle automation. Kyla explains why "self-driving" technology does not give a driver permission to go to sleep.

And this week's Ridiculous Driver? The sleeping drivers take the title themselves.

Check out the "Lawyer Told Me Not To Talk To You" T-shirts and hoodies at Lawyertoldme.com and "Sit Still Jackson" at sitstilljackson.com.

BC's Immediate Roadside Prohibition system is changing. This week, Kyla Lee and Paul Doroshenko examine the new Report to Superintendent form and the coming rollout of the Dräger Alcotest 6000 approved screening device.

They break down what has changed on the new electronic form, why some of those changes appear to respond to previous court decisions and criticism, and the problems they believe still remain.

Kyla and Paul also discuss the recent Schuck judicial review decision, including inconsistent police timelines, what gets characterized as a "clerical error," how adjudicators assess conflicting evidence, and a finding about how quickly an approved screening device can be reused that they put to the test during the podcast.

Plus, the Ridiculous Driver of the Week begins as a mysterious $3,000 cinnamon roll heist before taking a very unexpected turn.

Check out the Lawyer Told Me Not To Talk To You T-shirts and hoodies at Lawyertoldme.com and Sit Still Jackson at sitstilljackson.com.

This week on Driving Law, Kyla Lee and Paul Doroshenko discuss the fatal collision in Prince George involving an aircraft making an emergency landing on a roadway and the unusual legal questions that follow when a plane collides with a vehicle.

They look at which agencies may investigate the crash, including the Transportation Safety Board, Transport Canada and the RCMP, as well as whether BC's no-fault insurance system would prevent the occupants of a vehicle from bringing a lawsuit when the other conveyance involved is an aircraft.

Plus, the Ridiculous Driver of the Week features a dirt bike rider leading police on a high-speed chase, stopping at a gas station mid-pursuit and later picking up a jug of gasoline apparently left for him along the route.

Check out the Lawyer Told Me Not To Talk To You T-shirts and hoodies at Lawyertoldme.com and Sit Still Jackson at sitstilljackson.com.