Kyla Lee

Kyla Lee says @Uber will be unsuccessful in their injunction to stop Surrey Mayor Doug McCallum’s plan to ticket Uber drivers.

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Police say all drivers in Calgary can expect a breath test if they are pulled over or go through a checkstop — an approach an anti-drunk-driving group wants forces elsewhere to follow, but one that defence lawyers warn is rife with constitutional pitfalls.

Since December 2018, when new federal impaired driving legislation took effect, police in Canada have been able to demand preliminary roadside samples without reasonable suspicion that drivers have been drinking.

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Kyla Lee, a Vancouver-based impaired driving lawyer, said rights to counsel and to be free from arbitrary detention are also at issue.

Lee said she’s not aware of any other police departments touting stepped-up mandatory alcohol testing measures.

“Knowing that there have been several constitutional challenges filed in this country to that law, it’s very brazen and I am surprised to see it.”

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An Uber driver suggests he was lured into picking up a customer in Surrey only to find bylaw officers instead.

As the driver was waiting for his passenger at a liquor store, he says six bylaw officers approached his car at 74th Avenue and King George Boulevard.

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Lawyer Kyla Lee explains there’s an exception that’s allowing Uber drivers to be targeted.

“Any officer who has stopped the driver of a vehicle can demand the driver produce identification so that is how they are getting around it,” he says. “They wouldn’t otherwise have that power to require identification in a bylaw case.”

Some other cities have the same exceptions but Lee says this is an unprecedented use of those powers.

“It opens the doors for charter challenges for the information that was obtained,” Lee says. “For people to say this was an abuse of power, the bylaw goes too far.”

She says drivers could challenge it as a privacy violation, but believes the court would probably side with the city.

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Kyla Lee joins the Jeff Andreas Show to discuss Uber and Lyft finally in the Lower Mainland and any issues she can foresee from a driving lawyer’s perspective.

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Where do you keep your phone when you drive?  For real, where is it?  That’s where the plug in is, and so it sits on my centre console.  Apparently that’s a no no given what has been happening with folks being ticketed for having their phones within reach.  Kyla Lee joins us on the line on yet another OVERTURNED ticket for having a cell phone in a cup holder.

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After viral video, lawyers confirm: Yes, there is a rule against walking across the highway

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“Pedestrians have the right of way when crossing at uncontrolled intersections or in a marked crosswalk,” she says. “At a pedestrian controlled intersection, they have the right of way when the light signals them to walk. At a timed (standard) intersection, they are also only permitted to walk when the walk signal is on. A pedestrian is never supposed to cross in the middle of a four-lane highway.”
A pedestrian can be held partly liable if a driver must brake unexpectedly, but in this case, problems might arise, said Lee. For one, it’s not clear if the driver was slowing down and moving over or trying to overtake slowed traffic. While not illegal, the latter might leave some fault with the driver, she said.

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