February 2020

Driving Law with Kyla Lee: Episode 96

No-fault insurance was in the news again this week following a story about a woman who reportedly received $70,000 out of a $250,000 settlement from ICBC. Kyla Lee and Paul Doroeshenko give their perspective.

Kyla and Paul then look back on 10 years of the Immediate Roadside Prohibition scheme in British Columbia. …

Can You Fail a Breathalyzer with Rockstar Energy Drink?

This time on Can You Fail It, we’re going to party like a rockstar. But there’s no alcohol at this party because we’re trying to find out can you fail a breathalyzer with Rockstar energy drink.

This is the final video in our series of experiments aimed at testing energy drinks to see if they can give a false reading on an approved screening device.

Government Contracts: 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 government contracts. 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.

Weird and Wacky Wednesdays: Volume Ninety

This week on Weird and Wacky Wednesdays, we look at the case of an extremely unusual criminal response to the coronavirus outbreak. Then, we look at one way to get stung after a DUI crash. Finally, we examine just how far distracted driving can go in a very unusual case.

Follow the jump to learn more about this week’s weirdest and wackiest legal cases from around the globe. …

Kyla Lee on CBC News

Kyla Lee was interviewed on CBC News to discuss yet another distracted driving ticket that was overturned and to clarify the rules on what constitutes distracted driving.

Kyla on Global News: B.C.’s distracted driving law could be adjusted after another ticket tossed out by court

The latest distracted driving ticket to get tossed out by a B.C. judge could lead to adjustments to the law itself, the province’s public safety minister says.

In the meantime, Kyla Lee, a defence lawyer who specializes in traffic cases, says the new ruling sets a precedent that can be cited in future cases.

“Anybody who’s received a ticket for having their phone in their lap should be looking at disputing that ticket,” she said.

“If you’ve been convicted, you ought to appeal.”

Watch the news story here.

BC Court Rules Having Phone on Lap not Against the Law

having phone on lap is not distracted driving

In a recent decision from traffic court, the BC Provincial Court has provided further clarity to the seemingly-endless grey area that is the distracted driving laws in British Columbia.

In this case, Ms. Wylie was seen driving with her phone plugged and sitting on her lap. The screen was not illuminated and she was not touching the device. The officer who ticketed her argued that simply having a phone resting on or near her lap was using it. Ms. Wylie testified that the phone was next to her leg and was charging.

You can find the judgment here.

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