December 2019

Can You Fail a Breathalyzer with Apple Cider Vinegar?

It’s a staple of many kitchens and if you believe health food magazines, a magical elixir that has fat-burning properties. But can you fail a breathalyzer with apple cider vinegar?

What do we mean by “fail”? Well, anything that gives a false reading on an approved screening device (ASD) when it shouldn’t. Clearly, apple cider vinegar does not cause impairment but if you have some present in your mouth when complying with a police officer’s breath test demand, would it register or even push you into the fail or warn readings?

Can You Fail a Breathalyzer with Apple Cider Vinegar? Read More »

Trial Delays: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses trial delays

Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.

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Jury Instructions: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses private prosecutions.

Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.

Jury Instructions: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! Read More »

Wait? Do I have to have a sober supervisor to be a designated driver with my L?

Recently, a story made headlines after a sober driver saw his passenger given a driving prohibition because she was drunk… even though she was not driving! This story has raised a lot of questions about what your obligations are as a supervisor and as an L driver.

The reality is that the actions of the police officer in this case were wrong. There is no legal authority to issue a driving prohibition to a passenger in a vehicle who has not been driving. And while people can appreciate why the officer’s actions were wrong, many seem to think there is some responsibility that either the driver or passenger bear for these circumstances.

So what does the law say? …

Wait? Do I have to have a sober supervisor to be a designated driver with my L? Read More »

Clarifying “use” in distracted driving cases

Previously on this blog, I wrote about an interesting case that provided guidance as to when exactly the prohibition against using an electronic device while inside a vehicle applies. If you’ll recall, a driver with a Class 7 licence was given a distracted driving ticket after he switched off a call from his mother after a cop pulled him over. …

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Weird and Wacky Wednesday Volume Eighty Two

This week on Weird and Wacky Wednesdays, we have a story that will send shudders down the spine of anyone who’s ever worked in a supermarket. We get an answer to the quesion, will an RV fit through a drive-thru – *spoiler alert* it won’t. And a domestic argument involving chips.

Follow the jump to find out who made it to this week’s Weird and Wacky Wednesday. Le’ts go. …

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Can You Fail a Breathalyzer with NyQuil?

Merry Christmas from everyone at Can You Fail It. It’s cold and flu season which means plenty of us will be reaching for remedies such as NyQuil. But can you fail a breathalyzer with Nyquil?

By “fail” we mean to give a false reading on an approved screening device such as an AlcoSensor IV. You shouldn’t be taking any medicine that makes you drowsy before driving in the first place but could NyQuil also land you in trouble with the police?

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Spousal Support Obligations: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses spousal support obligations.

Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.

Spousal Support Obligations: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! Read More »

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