This week on Driving Law, Kyla Lee and Paul Doroshenko examine two significant legal developments affecting Canadian drivers: the Ontario Court of Appeal’s decision in the Pat King Freedom Convoy case and British Columbia’s overhaul of the graduated licensing program.
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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 Update – BC Edition: Volume 34 Read More »
Part of my job is watching people try to outsmart a system that has seen every trick before. On a DUI file it might be a breath machine. On the road it might be a camera, a plate reader, or a live police officer. This week I found three people who decided the answer was a prop. One built himself a fake passenger, one built himself a disappearing licence plate, and one built himself an entire fake police officer. In all three cases the prop was the very thing that gave them away.
A quick reminder before the curtain goes up. None of this is as clever as it looks, and in British Columbia most of it is illegal in its own right. Cheating an HOV lane, hiding your plate from enforcement, and pretending to be a police officer are each their own problem, on top of whatever you were trying to hide in the first place. Impaired driving still runs underneath a couple of these stories too, which is the part I care about most. With that said, let us meet the cast.
…Weird and Wacky Wednesdays: Volume 408 Read More »
You just got an Immediate Roadside Prohibition. Maybe you were drinking. Maybe you weren’t. Either way, the clock is running, and what you do in the next few days will determine whether you keep your licence or lose it for 90 days along with everything that comes with that.
Most people make at least one of the following mistakes. Some make several. Here is what to avoid.
…12 Mistakes People Make After Getting an IRP in BCRead More »
12 Mistakes People Make After Getting an IRP in BC Read More »
This week on Driving Law, Paul Doroshenko is joined by Arkansas DUI lawyer and former police officer John Collins for a conversation about criminal defence, surveillance technology, and why experience still matters in the courtroom.
…Episode 461: When Going to Trial Is Better Than Accepting a Bad Plea DealRead More »
Episode 461: When Going to Trial Is Better Than Accepting a Bad Plea Deal Read More »
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 Update – BC Edition: Volume 33 Read More »
People who run from the police make a lot of quick decisions, and most of them are bad. This week I noticed a strange pattern in the news. Three different men, in three different places, all decided that the smartest way to escape was to jump into a body of water. None of it worked. Water is slow, it is cold, and it is full of surprises. It turns out that a lake, a swamp, and a bayou are not the reliable escape routes that people seem to think they are. If anything, they slow you down long enough for a helicopter, a dive team, or an alligator to catch up.
A quick reminder before we dive in. Fleeing the police is a criminal offence, and adding a swim to the story does not help. In British Columbia, fleeing from a lawful stop and impaired driving both carry serious consequences, and none of them are washed away by a change of clothes. With that said, let us look at what happened.
…Weird and Wacky Wednesdays: Volume 407 Read More »
A tragic accident on Canada Day in 2023 led to a complex legal battle in British Columbia that forces us to look closely at how the law defines the ground beneath our feet. This case of R. v. Machura which was recently released addresses this issue.
Mr. Machura was driving north on Highway 97A toward Enderby. As he approached a marked crosswalk, he struck and killed a pedestrian who had suddenly run into the path of his vehicle. Mr. Machura was subsequently charged with driving without due care and attention under the Motor Vehicle Act.
While the human tragedy is undeniable, the legal resolution of the case turned on a highly technical distinction between what constitutes a “highway” and what constitutes a “sidewalk” or “roadway,” and how those definitions dictate a driver’s legal responsibilities.
…Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!”
In this episode, Kyla Lee from Acumen Law Corporation examines a case involving Charter damages and whether a claim for compensation against the government survives after the claimant dies. The case arose after an individual sued the state, alleging violations of her Charter rights and seeking damages. Before the litigation concluded, she passed away. The courts were then asked whether her estate could continue pursuing the claim. The lower courts held that it could not, raising important questions about the purpose of Charter damages and whether those claims should be treated differently from ordinary civil lawsuits.
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Electric dirt bikes, Tesla’s self-driving technology, and a major Sea to Sky Highway closure all raised important legal questions this week. In Episode 460 of Driving Law, Kyla Lee and Paul Doroshenko examine how these incidents highlight the challenges facing modern traffic enforcement and public safety.
…Episode 460: Electric Dirt Bikes, Tesla Autopilot, and the Sea to Sky Highway ClosureRead More »
Episode 460: Electric Dirt Bikes, Tesla Autopilot, and the Sea to Sky Highway Closure Read More »
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