Month: June 2018

BC’s Crackdown on Cell Phone Use Disproportionately Hits Low-income Drivers

This post is a guest post by Emma Wilson of Acumen Law Corporation. Emma is a rising star about to be called to the bar in British Columbia come August. She is well on her way to being a leader in traffic ticket, driving prohibition, and criminal defence.
We’ve all heard it in the news, or maybe learned it the hard way. The BC government, with help from ICBC, the RCMP and the municipal police forces, is cracking down on cell phone use while driving. The laws against use of an electronic device while driving have been on the books since 2010, so theoretically, we should all already be aware of this and the only people who should be worried are the ones who are actually putting others at risk with their behaviour (which isn’t us… or is it?).

Driving Law with Kyla Lee Episode Nine

The latest episode of Driving Law with Kyla Lee is live for your enjoyment on iTunes or SoundCloud. This week, I speak with an American traffic and driving lawyer, Joe McGrath about how impaired driving trials are prosecuted in the state of Virginia. Joe has been practicing for a long time, and he discusses the changes he has seen in impaired driving laws and whether any of them have led to a positive public effect.

Elsewhere in the episode, co-host Paul Doroshenko and I talk about dangerous driving charges and our experience in the lab in Texas, learning the science behind drug analysis.

Subscribe, share, and tune in next week for another episode.

How much is your right to privacy worth? Apparently, an iTunes gift card

One of the main accusations my fellow impaired driving lawyers and I receive is that we keep drunk drivers on the roads and that somehow the justice system would be better off if we didn’t exist.

Every now and again, something comes along that reminds us why we do what we do –  why we stand up for people facing drink driving charges. An Orwellian nightmare come to life put into this into particular perspective for me this week.

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Involuntary intoxication: can you trust alcohol content on the label?

A brand of gin has been recalled by liquor authorities after some bottles were found to contain nearly twice as much alcohol as advertised.

Bottles of the popular Bombay Sapphire London Dry Gin were discovered by the Liquor Control Board of Ontario’s quality assurance team to have an alcohol content of 77 percent rather than 40 percent as stated on the label.

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Going the Extra Mile in Defending My Clients

Impaired driving cases are highly complex and technical. Understanding the issues that arise in these cases requires a strong level of knowledge in the law, Charter rights and litigation, and the scientific underpinning of impaired driving charges. My goal as a driving lawyer with a focus in impaired driving cases is to have the best level of knowledge possible about all of these issues.

Many lawyers do not take steps to appreciate or understand the complex science that goes into impaired driving cases. Faced with an instrument like the one depicted above, they would struggle to identify what it is. It’s a liquid chromatography mass spectrometry instrument, for the record. And when it comes to operating the instrument and interpreting and understanding the results, many lawyers would similarly be at a loss.

I try to go the extra mile for my clients so that I can easily spot the important issues.

Driving Law with Kyla Lee: Episode Seven

In Episode Seven of my Driving Law Podcast, I sit down with Paul Doroshenko of Acumen Law Corporation.

We first discuss the Senate Bill S-251, which purports to do away with mandatory minimum sentences and restore discretion to sentencing judges in certain circumstances where a minimum sentence would be inappropriate. Then, Paul and I talk about the future of self-driving cars, and how a Tesla accident may spell the end of them. Finally, Paul and I address the Cannabis Act in British Columbia and how a BC impaired driving decision may shape the future of enforcement under provincial cannabis regulation.

You can listen to the podcast on Player FM, or subscribe on iTunes, or tune in on Soundcloud.

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