Driving Law

This week on Driving Law, Kyla Lee and Paul Doroshenko discuss an Ontario Court of Appeal decision involving a witness who repeatedly changed his story about who was driving in a serious hit-and-run collision. They examine when a witness can be cross-examined about their knowledge of the Charter protection against self-incrimination and the Court's decision to uphold a four-and-a-half-year prison sentence.

They also discuss BC's restrictions on off-road vehicle use in wildfire zones and raise questions about the reliability of approved screening devices when they're being used in heavy wildfire smoke.

Plus, the Ridiculous Driver of the Week features a Smart car carrying a very large ladder in a very questionable way.

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 a major Ontario Court of Appeal decision dealing with the Criminal Code presumption of operation and whether a person can be convicted even when the vehicle they are sitting in is completely inoperable.

They examine why the Court concluded that the presumption can still apply to a vehicle that cannot actually be driven, the implications for the presumption of innocence, and why the decision leaves open the possibility of a future constitutional challenge.

Kyla and Paul also discuss unusually heavy police enforcement surrounding the Shambhala and Sunfest music festivals, along with an Alberta judicial review where government counsel was criticized for sending additional legal arguments directly to the court after the hearing had ended without notifying the self-represented opposing party.

Plus, the Ridiculous Driver of the Week features a BMW travelling on the Sea-to-Sky Highway with two large drums of vegetable oil strapped to its roof.

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 a major Supreme Court of Canada decision concerning privative clauses and the ability of governments to restrict judicial review of administrative decision-makers.

They explain why the ruling could eventually matter for British Columbia drivers challenging decisions involving ICBC’s Enhanced Care system and the Civil Resolution Tribunal. The discussion examines the unusually high standards imposed on people seeking court review and whether some of those restrictions could be constitutionally vulnerable.

Plus, the Ridiculous Driver of the Week features a motorhome that crashed through the perimeter fence at Abbotsford International Airport and continued onto an active runway, forcing aircraft to abort their landings.

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

This week on Driving Law, Kyla Lee and Paul Doroshenko discuss the Ontario Court of Appeal's decision in the Pat King Freedom Convoy case and what it says about protest, intimidation, and blocking highways.

They also break down British Columbia's new graduated licensing system, which eliminates the second road test for many novice drivers while introducing a new driving record assessment and restricted Class 5 licence.

Plus, the Ridiculous Driver of the Week features an Alberta driver caught travelling 230 km/h in an 80 km/h zone before being tracked down at a campground.

Check out the Lawyer Told Me Not To Talk To You merchandise at LawyerToldMe.com and Sit Still Jackson at SitStillJackson.co.

This week on Driving Law, Paul Doroshenko is joined by Arkansas DUI lawyer and former police officer John Collins for a discussion about when it makes sense to reject a prosecutor's plea offer and take a case to trial.

They also examine how AI is changing legal practice, the growing privacy concerns surrounding Flock licence plate recognition cameras, and what happens when surveillance technology advances faster than the law.

Plus, the Ridiculous Driver of the Week features a learner motorcyclist caught travelling 177 km/h in an 80 km/h zone on BC's Sea to Sky Highway.

Check out the Lawyer Told Me Not To Talk To You merchandise at LawyerToldMe.com and Sit Still Jackson at SitStillJackson.co.

In Episode 460 of Driving Law, Kyla Lee and Paul Doroshenko discuss police enforcement against illegal electric dirt bikes, the Tesla driver filmed apparently asleep behind the wheel, and the legal issues surrounding self-driving technology.

They also examine the lengthy Sea to Sky Highway closure following a fatal motorcycle crash and whether better plans are needed to deal with stranded motorists.

Plus, the Ridiculous Driver of the Week features a Quebec motorcyclist who attempted a high-speed wheelie on a busy highway.

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

This week on Driving Law, Kyla Lee and Paul Doroshenko examine two significant legal developments that could reshape impaired driving law across Canada.

They begin with Saskatchewan's proposal to introduce an Immediate Roadside Prohibition (IRP) regime modelled after British Columbia's. The proposed legislation includes immediate licence suspensions, vehicle impoundments, financial penalties, ignition interlock requirements, and escalating consequences for repeat offenders. Kyla and Paul question whether the legislation may go too far by characterizing administrative penalties as "offences," potentially creating constitutional issues under the division of powers between provincial and federal governments.

Next, they discuss a new Ontario Court of Appeal decision involving cannabis-impaired driving. The court ruled that statutory presumptions for blood drug concentrations apply even when blood samples are obtained through a search warrant rather than a Criminal Code demand. Kyla and Paul examine the implications of the ruling, including concerns about measurement uncertainty, the erosion of procedural safeguards, and the growing difficulty of challenging impaired driving prosecutions based on blood drug testing.

Finally, the Ridiculous Driver of the Week is a pickup truck driver who ignored a road closure, moved the barricades himself, and drove straight into freshly poured concrete, leaving his vehicle firmly stuck and serving as a reminder that road closure signs exist for a reason.

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 is joined by Montana criminal defence lawyer Matt Dodd for a discussion about cross-examination, trial advocacy, and storytelling in court.

Matt discusses his criminal defence and DUI practice in Montana, including his work on serious criminal cases and civil litigation. He and Kyla then explore what makes cross-examination effective, emphasizing the importance of preparation, knowing the goal for each witness, and using cross-examination to tell the client’s story.

The conversation also looks at why lawyers do not always need to be aggressive to be effective. Matt explains why he often takes a friendly, conversational approach with police witnesses, and how that can help control the witness, lower defensiveness, and make the information more accessible to a jury.

Kyla and Matt also discuss the importance of in-person advocacy, building rapport in courtrooms, and the value of getting real-world practice talking to people. They consider how younger lawyers may face a steeper learning curve with interpersonal courtroom skills after years of remote hearings and online learning.

Plus, Matt shares information about Dodd Trial Skills clinics, including upcoming in-person cross-examination training opportunities for lawyers.

Check out Dodd Trial Skills Clinics for more information about Matt’s cross-examination training, or contact Acumen Law at VancouverCriminalLaw.com for assistance with driving law and criminal defence matters.

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

In Episode 457 of Driving Law, Kyla Lee and Paul Doroshenko discuss the Ontario Court of Appeal’s decision in R. v. Raffia and what it means for impaired driving refusal cases.

The pair examine why the Court declined to weigh in on the controversial reasonable excuse issue that has generated significant discussion among impaired driving lawyers across Canada. They also break down the procedural complexities behind the appeal and what the decision leaves unresolved.

Kyla and Paul then turn to a new Canadian study examining wrongful convictions and forensic science. The discussion explores how forensic evidence is often overstated in court, why juries and judges may place too much confidence in scientific evidence, and what this means for impaired driving prosecutions that rely heavily on forensic testing.

Plus, the Ridiculous Driver of the Week features a driver who reacted to a distracted driving ticket by throwing his phone out the window in front of the police officer.

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 456 of Driving Law, Kyla Lee takes a closer look at road safety in British Columbia and the risks facing different types of road users.

Kyla discusses the recent spike in motorcycle fatalities across the province, what the statistics do - and don’t - tell us about road safety, and why fluctuations in collision numbers are often more complicated than they appear. She also examines a North Vancouver incident involving a 12-year-old on an e-scooter, a tragic ATV rollover involving children, and the legal responsibilities that come with operating motorized vehicles.

The episode also explores ICBC’s move to online knowledge testing and the elimination of the second road test, raising questions about public safety, driver training, and whether cost savings are being prioritized over proper scrutiny of new drivers.

Plus, the Ridiculous Driver of the Week features an Australian woman allegedly driving at five times the legal alcohol limit while repeatedly crashing into vehicles in a grocery store parking lot.

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.