Driving Law

This week on Driving Law, Kyla Lee and Paul Doroshenko discuss the legal fallout from a major mix-up in the U.S., where cans of non-alcoholic Celsius energy drink were filled with alcohol. They examine how this could create a viable “involuntary intoxication” defense for unsuspecting drivers who blow over the limit. They also cover a disturbing Alberta case where a Mormon woman was issued a 90-day prohibition after failing to provide a breath sample—despite later discovering she had two broken ribs. Kyla and Paul argue that the refusal process systemically discriminates against people with disabilities, women, and minorities, and call for the reactivation of manual testing features on roadside devices. The Ridiculous Driver of the Week is an RCMP officer who got their SUV high-centered on a parking lot divider and had to be towed, all caught on TikTok.

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 Vancouver’s decision to extend bar hours to 4 a.m., raising concerns about transit access and impaired driving enforcement at a time when the city’s traffic unit is severely depleted. They explore how the change could affect public safety, particularly in the absence of roadblocks and routine DUI checks.

Next, they examine a series of questionable policing decisions involving Constable Keith McCready of the Prince George RCMP, including issuing IRPs in odd circumstances. Public backlash intensified after an arson site near a weigh scale was tagged with graffiti: “Good job McCready.” Kyla and Paul reflect on community trust, internal misconduct, and the difficulty of holding officers accountable.

They also dissect a troubling video from Florida showing a Black man violently pulled from his car during a traffic stop despite being compliant—another example of systemic issues in policing.

The Ridiculous Driver of the Week is a man in Brampton caught on video speeding along a sidewalk in a Lexus to skip traffic. In a bonus local story, a Vancouver man with a handicap placard was filmed illegally dumping a mattress in a public park.

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 unpack a major BC Supreme Court decision that strikes down an Immediate Roadside Prohibition due to flawed and speculative reasoning by the Superintendent’s office.

The case involved a driver who claimed that chewing tobacco remained in his mouth during a breath test. The adjudicator dismissed his explanation based on assumptions about police training and stereotypical beliefs about how a person “should” behave. The court rejected this reasoning, calling it unjustified, unintelligible, and lacking transparency. Kyla and Paul explain why this decision is a rare but important win against the reverse-engineered logic often used to uphold IRPs.

Next, they discuss a Toronto Sun article claiming BC has the highest rate of impaired driving in Canada. Despite the province’s “toughest drunk driving laws,” the data may reflect the sheer volume of IRPs issued—not actual impairment. They explore whether the statistics signal a policy failure and question the effectiveness of deterrence in the absence of routine enforcement.

Finally, the Ridiculous Driver of the Week is a Minnesota man who fled a DUI investigation by hiding in a river and covering himself in mud—hoping to avoid detection, Predator-style. He was found and arrested.

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 tackle three pressing issues shaping public safety and traffic policy in Canada.

They begin with Vancouver’s proposed 30 km/h speed limit on side streets, part of the Vision Zero push. Paul questions its practicality and lack of enforcement, while Kyla explains why speed isn't the only factor in pedestrian safety—driver behavior is key.

Next, they examine the Hinkson Report, released in response to the Lapu-Lapu Day tragedy. The report offers immediate recommendations to protect public events from vehicle attacks. Kyla and Paul weigh in on the logistics, funding, and feasibility of the proposals.

Finally, the Ridiculous Driver of the Week is a Saskatoon man who stole a taxi, robbed a store, and fled in a cube van. The police chase ended safely, but the case is a cautionary tale about impaired decisions and their legal fallout.

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 this episode, Kyla Lee and Paul Doroshenko dive into Transport Canada’s new restrictions on ferrying damaged electric vehicles, explore the implications of Uber drivers unionizing in Victoria, and share the story of how an RCMP trailer sparked a wildfire due to failed wheel bearings.

This week on Driving Law, Kyla Lee and Paul Doroshenko dig into a BC Supreme Court appeal involving a man convicted of using a bobcat to threaten two unhoused individuals on his property. The appeal raised arguments of burden-shifting, misapprehension of evidence, and speculative reasoning—but the court upheld the conviction. The judges found that the trial decision was supported by tire track evidence and the logical inference that the complainant was struck by the bobcat, rejecting the alternative “heatstroke” explanation as unsupported.

They then turn to a traffic court case involving a Charter section 11(b) delay application. A driver who disputed a ticket for using an electronic device waited over 20 months for trial. Judge Guild found the delay presumptively unreasonable and dismissed the ticket. The decision criticizes the government’s reliance on mailed notices and suggests disclosure should be automatic once a ticket is disputed, rather than provided only upon request.

Finally, the Ridiculous Driver of the Week is… everyone. An ICBC-commissioned Ipsos survey revealed that 77% of BC drivers admit to tailgating, while 86% say being tailgated makes them feel angry or scared. The episode explores the contradiction between how people drive and how they want to be treated on the road, exposing widespread hypocrisy in BC driving habits.

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, 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. The discussion highlights how routine traffic stops can raise surprisingly complex constitutional questions.

Finally, the Ridiculous Driver of the Week is a motorcyclist in Guelph who fled police while wearing a hoodie that read "COME GET ME"—a challenge the officers accepted. He now faces multiple charges including dangerous driving and fleeing from police, with long-term consequences likely to follow.

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 and Paul tackle a dynamic mix of personal experience, legal news, and constitutional issues making waves across Canada.

Kyla opens the episode with a near-death experience on the Alex Fraser Bridge after unsecured plywood flew off a truck—an incident that underscores the real dangers of unsafe loads and distracted transport. The story sets the tone for a discussion on enforcement methods and public safety.

They then analyze Ontario’s controversial speed camera program in Vaughan, where 32,000 tickets were issued in just three weeks. Despite the staggering volume, the city has temporarily paused fines, replacing them with warnings while reevaluating the system’s effectiveness. Kyla and Paul debate the merits and pitfalls of automated enforcement and the due process challenges it presents for drivers.

Next, they cover Surrey’s new “Project Rogue Racers”—a year-long crackdown on illegal street racing events. With dozens of tickets, vehicle impounds, and bylaw infractions already issued, the project marks a new level of targeted enforcement against stunt driving and high-risk gatherings.

Finally, Kyla and Paul dive deep into the Supreme Court of Canada’s decision to grant leave in R. v. Cordner, which revives the long-standing Whyte and Powers constitutional issue. The case will test whether compelled statements at accident scenes—required under traffic legislation—can be used to justify criminal investigative demands, or whether such use violates Charter rights. They explore the nuanced conflict between majority and dissenting opinions at the Alberta Court of Appeal, and why the outcome could reshape the way police interact with drivers post-accident.

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 and Paul delve into a trio of compelling legal topics with wide-reaching implications.

First, Kyla discusses a fresh Supreme Court of Canada ruling on miscarriages of justice, focusing on whether appellate courts can enter acquittals in cases where post-plea evidence reveals a wrongful conviction. The decision stems from a case involving undisclosed exculpatory evidence, and the outcome confirms courts can enter an acquittal if a new trial is unnecessary.

Then, they explore the disciplinary suspension of a BC lawyer who received a 90-day IRP and attempted to leverage his status to avoid consequences—an act deemed "conduct unbecoming" by the Law Society. Kyla and Paul unpack the implications for lawyers and other regulated professionals who blur the lines between personal misconduct and professional ethics.

Finally, they revisit the Bajwa case, where a man with a long history of driving prohibitions was filmed using the toilet at a police station after his arrest. Despite the Charter breach, the judge declined a stay of proceedings and instead considered the violation at sentencing. The case led to a nuanced ruling that balanced serious public safety concerns, collateral immigration consequences, and the art of sentencing—offering a detailed legal analysis that Kyla calls “a law school course in one decision.”

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 and Paul examine two compelling legal stories from British Columbia and Saskatchewan.

First, they explore a BC Supreme Court case involving a man who paid a speeding ticket after receiving misleading information from ICBC—only to later lose his license due to accumulated penalty points. Kyla and Paul unpack why his attempt to withdraw his guilty plea failed, and how different legal arguments, including officially induced error, might have changed the outcome.

Next, they analyze a landmark constitutional challenge to Canada’s mandatory alcohol screening laws. The Saskatchewan Court of Appeal upheld the controversial law under Section 1 of the Charter, despite finding that it infringed on drivers’ rights under Section 8. Kyla and Paul discuss the reasoning behind the majority decision, the sharp dissent warning of potential abuse, and whether this case might head to the Supreme Court of Canada.

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.