Welcome to British Columbia’s only weekly DUI law update newsletter. This newsletter contains the most cutting-edge information, the newest case law, and helpful practice tips for DUI defence in BC.
Authored by Kyla Lee, BC’s Impaired Driving Update is released weekly on Thursdays.
What’s inside:
- Impaired Driving Defence Tip
- IRP Decision of the Week
- DUI Decision of the Week
- Kyla’s Insight
1. Impaired Driving Defence Tip
It is important not to overlook potential avenues of defence that may be contained in documents not typically disclosed by Crown.
In impaired driving cases, you should review the disclosure carefully and identify whether there are items such as a 911 call, police radio transmissions, dispatch logs, or detachment video that may provide a defence. Many of these things are subject to retention periods, and so a failure to request them in a timely fashion could lead to them being destroyed. However, if they are requested and subsequently destroyed, that may give rise to a defence for your client. There’s no downside risk in requesting more evidence.
2. IRP Decision of the Week
Prohibition Revoked:
Police responded to a complaint of a driver who struck a median with his vehicle and drove off. Shortly after, they located the vehicle and conducted a traffic stop. After interacting with the driver, the police formed a suspicion the driver had alcohol in the body and read a demand to provide a sample into a roadside breathalyzer.
When the police submitted their report to the Superintendent of Motor Vehicles, there were numerous discrepancies in relation to the time of the traffic stop, the time that grounds for the demand were formed, the time that demand was made, and the time testing was attempted.
The driver was given only two attempts to provide a sample, and on both occasions provided a sample with too much force for the device.
In the review hearing, the driver argued they were making a genuine effort to provide a sample into the device.
Kyla Lee argued the indication from the approved screening device that the breath flow rate was too high for the device was suggestive of an effort to provide a sample, as it was inconsistent with behaviour designed to avoid blowing into the device. Put simply, it is not common sense that you could blow too hard to prevent the device from taking a sample.
The adjudicator agreed and the prohibition was revoked.
3. DUI Decision of the Week
This week, it was a major week for Supreme Court of Canada news in relation to the enforcement of impaired driving law. The Supreme Court of Canada heard the appeal in R. v. Luamba, a case about the power to conduct random vehicle stops.
In that case, the Quebec Court of Appeal found that random traffic stops without any actual grounds, either pursuant to provincial legislation or at common law, were unconstitutional and infringed sections 7, 9, and 15 of the Charter. Specifically, the court was concerned that the powers given to police to conduct these random traffic stops were essentially endorsing harassment of racialized individuals.
Now we must wait for the Supreme Court of Canada’s decision. In the meantime, you can view the webcasts at the link above.
4. Kyla’s Insight
This case is of significant importance. As the trial judge emphasized, the fact that random traffic stops are permissible and yet have continued to be abused by police shows that things are not going to change. The justifications that may have permitted them under Section 1 of the Charter historically no longer apply because the police have demonstrated they cannot use this power responsibly.
I, for one, am hopeful that the outcome of this case will be something that puts an end to this practice and instead endorses a practice that is not discriminatory in nature.
I don’t think even if the Supreme Court of Canada rules in favour of the accused, we will see the end of random traffic stops. But we may likely see the end of roving traffic stops and instead truly random ones, such as roadblocks.
5. Resources
Want to know more about impaired driving and Immediate Roadside Prohibitions in BC? Here are some helpful resources:
The BC Motor Vehicle Act: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96318_00
Criminal Code Offences Relating to Conveyances: https://laws-lois.justice.gc.ca/eng/acts/c-46/page-46.html#h-121277
CanLII: https://www.canlii.org/
RoadSafetyBC: https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc
6. Contact Us
The police have their experts. You should have yours.
Charged with impaired driving? Get the lawyer who literally wrote the book on it. Call Kyla Lee at Acumen Law today. Visit our contact form or call 604-685-8889 or email kyla@vancouvercriminallaw.com
7. Featured Firm
Featured Firm: Acumen Law Corporation
Based in Vancouver, Acumen Law Corporation is one of British Columbia’s leading criminal defence firms, recognized across Canada for its work in impaired driving law. The firm’s lawyers have successfully defended thousands of Immediate Roadside Prohibitions, criminal impaired charges, and driving suspensions.
Kyla Lee, a partner at Acumen Law, is widely regarded as a national authority on DUI law. She has authored multiple legal textbooks, teaches DUI defence across North America, and regularly appears in the media explaining developments in driving law.
Acumen Law is known for its deep understanding of both the law and the science behind impaired driving cases. The team approaches every file with meticulous preparation and a commitment to protecting the rights of drivers across BC.
