Driving Law

By Driving LawEducation

Driving Law episodes

April 30, 2021 Episode 155: Covid-19 travel restrictions
A special episode examining the Covid-19 travel restrictions from different angles.
With the BC government yet to provide clarification on its recently imposed travel restrictions, Kyla and Paul discuss the government's messaging and whether it could have been better.
Kyla and Paul then turn their attention to the federal government and the debate between protecting the safety of the public and infringing upon Charter rights.
They also talk about the impact vaccinations will have on people's freedom of movement. Could restrictions in the future discriminate against people who are unvaccinated?
Last but not least, there's Ridiculous Driver of the Week.
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www.vancouvercriminallaw.com
38 min
April 23, 2021 Episode 154: Covid-19 travel restrictions, ICBC 'reprehensible tactics'
Covid-19 restrictions on non-essential travel between health authority areas are coming into effect in BC. The new rules will enable police to randomly stop vehicles, but what legal powers do they have at a roadblock? Are the new rules enforceable and how will violations be prosecuted?
Meanwhile, some questionable proceedings at court have led to calls for new court rules to prevent time-wasting cases from going too far.
Kyla and Paul discuss a recent case in which ICBC was ordered to pay special costs to a litigant for its "reprehensible tactics".
A judicial review of an IRP acts as a good case study for why you shouldn't represent yourself.
And finally, this week's Ridiculous Driver of the Week has to be seen to be believed: https://www.dailymail.co.uk/news/article-9467499/All-aboard-Motorist-Mexico-packs-belongings-slowly-moving-Ford-pickup-truck.html
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www.vancouvercriminallaw.com
37 min
April 16, 2021 Episode 153: Cannabis impairment study, cycling proposal
A new study from the USA's National Institute of Justice shows that current methods for testing drivers for impairment by cannabis at the roadside are unreliable. Kyla and Paul discuss what impact, if at all, the findings will have on law enforcement in Canada.
Could impaired driving lawyers in Canada be doing more to help their clients? What lessons can they learn from their counterparts in the US?
A proposal put forward by the BC Cycling coalition has Kyla's blood boiling. The motion would amend the Motor Vehicle Act to require passing drivers to keep 1.5 m away from cyclists.
And, as usual, there's Ridiculous Driver of the Week.
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www.vancouvercriminallaw.com
41 min
April 09, 2021 Episode 152: Tiger Woods, Surrey officer's driving offences, driving without due care and attention
Tiger Woods was in the news after an investigation into his recent crash concluded he was driving at nearly twice the speed limit at the time. So why wasn't he charged with speeding? Kyla Lee and Paul Doroshenko examine some of the possible reasons.
Meanwhile, there was some controversy after it was revealed an officer recently named an inspector with Surrey PD has a history of impaired driving. Kyla and Paul discuss what happens when officers get charged with such offences.
Then, the BC Supreme Court recently upheld an 85-year-old woman's five-year driving prohibition for driving without due care and attention after she hit a toddler. But was the sentence proportionate?
A new Ridiculous Driver of the Week rounds off the podcast.
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49 min
April 02, 2021 Episode 151: Special guest Jan Semenoff
Paul Doroshenko is joined by Jan Semenoff, an expert on alcohol breath testing and editor of Counterpoint, the journal of science and the law.
They discuss topics including BC's Immediate Roadside Prohibition scheme.
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www.counterpoint-journal.com
51 min
March 26, 2021 Episode 150: Carbon tax decision, refusal cases, pleading guilty by accident
Kyla and Paul react to the big news that the Supreme Court of Canada found Ottawa's carbon tax bill constitutional. The news has big implications for the future of driving law.
A judicial review of an IRP decision raises Charter violation issues in relation to cases where a person is charged with refusal to provide a sample of breath.
Also, we find out how you can plead guilty by accident. In a recent traffic court case, a woman accidentally plead guilty to two traffic tickets after her daughter paid her fines without her knowing. We hear what a court made of her defence.
Finally, we have Ridiculous Driver of the Week.
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www.vancouvercriminallaw.com
40 min
March 19, 2021 Episode 149: Vaccines, stay of proceedings, cyclists
With courts reopened, should members of the justice system be given a priority in the Covid-19 vaccine waiting list? Kyla and Paul share their thoughts.
Also up for discussion is a traffic court case in which a defendant made an application for a stay of proceedings following a delay with a disclosure request.
A debate over whether cyclists should be licences and insured was reopened this week. Kyla and Paul look at both sides of the argument.
Finally, there's Ridiculous Driver of the Week.
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www.vancouvercriminallaw.com
58 min
March 12, 2021 Episode 148: Firearms, deemed convictions, ICBC experts
A new gun bill, the Firearm Violence Prevention Act, aims to reduce gun crime. Kyla and Paul find out about the provisions of the bill that relate to driving. They include measures to seize vehicles suspected of carrying illegal firearms.
Kyla and Paul examine deemed convictions and in particular a case in which a court issued a driving prohibition even though the defendant had already paid a fine.
Then a mail-in topic from a listener, concerning ICBC experts and their treatment in court, is up for discussion.
And finally, there's the Ridiculous Driver of the Week.
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www.vancouvercriminallaw.com
47 min
March 05, 2021 Episode 147: Special guest Erik Magraken
Special guest Erik Magraken, a personal injury lawyer and author of the BC Injury Law Blog, returns to the show. He talks to Kyla about the BC Supreme Court's declaration this week that the Civil Resolution Tribunal's jurisdiction over accident claims is unconstitutional.
Co-host Paul Doroshenko then joins Kyla for a discussion about the long-term effects of the pandemic on people's health and how it could impact driving enforcement. He argues an increase in people suffering from gastroesophageal reflux disease, or GERD, may lead to more people than ever giving false readings on roadside alcohol breath testers.
Finally, there's a new Ridiculous Driver of the Week.
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www.vancouvercriminallaw.com
www.bc-injury-law.com
www.macisaacandcompany.com
40 min
February 26, 2021 Episode 146: Hit and run, court and warrant reforms
Kyla and Paul talk about an interesting case in which an elderly driver said he unknowingly hit a pedestrian before leaving the scene. Paul discusses hit and run cases and what it takes to mount a defence.
New legislation tabled by the federal government proposes justice system reforms in light of lessons learned from Covid-19. They include court reforms but also troubling changes to warrants.
Finally, there's a double helping of Ridiculous Driver of the Week.
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vancouvercriminallaw.com
40 min

About Driving Law

From the publisher's feed

Driving law drives the law. Our legal system is shaped and developed by what happens when we are in our cars. Acumen Law Corporation lawyer Kyla Lee discusses with guests all things related to the…