Month: November 2018

Driving Law with Kyla Lee: Episode 33

This week on the Driving Law Podcast, I speak with Paul Doroshenko of Acumen Law Corporation about Acumen Law Corporation’s big win in BC Supreme Court. Then, we talk about the case of a West Vancouver Police Department officer caught sexting, and how that managed to impact some immediate roadside prohibition cases. Finally, we go over the changes to ICBC’s advertising budget, which has been significantly cut.

You can listen online on SoundCloud, PlayerFM, or subscribe on iTunes!

Weird and Wacky Wednesdays: Volume Twenty Seven

This is a great week on Weird and Wacky Wednesdays. First up, we have a major police blunder that results in a fistfight in the street. Then, the worst wedding day of all time that gets even weirder the more you look into what happened. And finally, we end with a woman who is now suing the Georgia Police after she was wrongfully arrested for having cotton candy. Find out the details of these cases by clicking through below!

Weird and Wacky Wednesdays: Volume Twenty Six

This week on Weird and Wacky Wednesdays, we move a little closer to home where we examine a strange recurring phenomenon in British Columbia: poop throwing. Then, we look at one of the more creative defences in a sexual assault trial that was recently rejected by an Ontario court. Finally, we kick things back into our neighbours to the south, looking at a Philadelphia prank gone horribly, horribly wrong.

Early Data Suggests No Spike in Pot-Impaired Driving after Legalization: Police

VANCOUVER — Canadian police have not seen a spike in cannabis-impaired driving one month since legalization, but there needs to be more awareness of laws around storing marijuana in vehicles and passengers smoking weed, law enforcement officials say.
The Canadian Press canvassed police forces and provincial and territorial Crowns across the country and while some said it was too early to provide data, others said initial numbers and anecdotal impressions suggest stoned driving isn’t on the rise.

Kyla Lee, a Vancouver-based lawyer who wants to file a court challenge of the Drager test once it’s used on a driver who wishes to dispute it, said she hadn’t heard of it being used anywhere yet.
“I was worried when the law changed … that this sort of panic around cannabis-impaired driving was going to lead to a number of false arrests and bad investigations. That’s not what I’ve been seeing,” she said.
To read the full article, click here.

Driving Law with Kyla Lee:

This week on the Driving Law Podcast, I speak with Paul Doroshenko of Acumen Law Corporation about the new regulation introduced in BC that will limit the ability of some trucks to use the left lane on the Coquihalla highway. Then, we talk about how a judge will decide whether a canoe is a vessel within the meaning of the Criminal Code. Finally, we hash out (hah!) the impact of cannabis legalization, one month after legalization has happened.

You can listen online on SoundCloud, PlayerFM, or subscribe on iTunes!

Driving While Prohibited – What Are the Defences?

Driving while prohibited cases are notoriously easy for the Crown to prove. They are very difficult to defend, and require special knowledge of the Motor Vehicle Act’s unique and intertwined provisions relating to service and reliance on notices, certificate evidence and its admissibility, and what constitutes a road or a highway.

This blog post breaks down some of the more readily available defences to driving while prohibited cases.

Can You Smoke or Vape Cannabis In Your Car? Yes, Sometimes.

In the realm of uncertainty surrounding cannabis legalization, there is a lot of misinformation and premature legal analysis out there about when a person can and cannot smoke or possess cannabis. From my perspective as a lawyer who frequently deals with driving cases of all types, the assessment of whether or not a person can smoke or vape cannabis products in a vehicle is more complex than it may be made out in the media.

Recent articles, including on the Huffington Post, have suggested that it is illegal to consume cannabis in a vehicle, even if it is parked and there is no present intention to set the vehicle in motion. But based on my read of the Cannabis Control and Licensing Act in British Columbia, this may be an important misinterpretation.

And here’s why. Buckle up, this is getting technical and legal. But it is information cannabis users need to know.

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