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 of the Week
- Decision of the Week
- Kyla’s Insight
- Resources
1. Impaired Driving Defence Tip
Never trust the police description of the location where driving or a collision took place. Level ground may not actually be level; lines may be faded or unpainted; the pavement character may be damaged. Oftentimes the site can explain the behaviour or driving in a way that is beneficial to your client.
If you cannot make an in-person visit to the site, a Google Earth and Google Maps search is important. Street view can be sorted by month and year, and you can often find Google’s images of the location at or near the time the incident took place.
2. IRP of the Week
The applicant was issued a 90-day driving prohibition for refusing to comply with the ASD demand.
The applicant was pulled over by police and given an ASD demand. Prior to the demand, the officer inquired about hand sanitizer and vaping. The applicant admitted to doing both within the preceding ten minutes. The officer determined he would delay the making of the demand in order to allow for dissipation of possible mouth alcohol from these sources.
During the delay, the officer returned to his police vehicle and ran police checks. This added an extra two minutes of delay to the waiting period that the officer needed to observe.
Paul Doroshenko, KC argued that the demand was not valid. Not only did the officer not need to delay the demand, which fulfills an important 10(a) component, but the officer also waited too long to make the demand as the extra two minutes were not related to the reliable operation of the device or unusual circumstances.
The adjudicator agreed, and the prohibition was revoked.
3. Decision of the Week
In the recent decision of R. v. Vacca, 2026 ONSC 4353, the Ontario Superior Court of Justice overturned convictions for impaired driving and refusing a breath sample, ordering a new trial after determining the initial arrest may have been unlawful. The case originated from a December 2022 incident where the appellant, Anthony Vacca, struck a median and rolled his vehicle. Because he did not have a mobile phone, Mr. Vacca walked to a nearby gas station and then to a restaurant approximately 200 metres away to call his father. While he was in the restaurant washroom, a police officer arrested him for fail to remain under the Highway Traffic Act (HTA), which led to further criminal investigations.
The primary legal issue on appeal was whether the officer’s warrantless arrest for an HTA infraction was objectively justifiable. While the trial judge had accepted that the officer intended to arrest under the HTA, the appellate court found that the judge failed to assess if the officer had reasonable and probable grounds for the arrest. Section 200(1) of the HTA is intended to ensure drivers provide assistance and information to other involved parties; however, this was a single-vehicle accident with no injuries and no other parties present to receive information.
The court characterized the officer’s decision to enter a public washroom and arrest a person of the opposite gender for a regulatory infraction during an ongoing investigation as remarkable. A brief inquiry might have revealed Mr. Vacca was not fleeing but was instead attempting to report the accident while lacking a phone. Ultimately, the court held that because the evidence for the subsequent criminal charges was obtained following this initial arrest, the convictions could not be upheld without a proper assessment of the arrest’s legality.
4. Kyla’s Insight
This is a handy case to have in your arsenal where fail to remain or mixed-statute arrest issues arise. The difference between the provincial motor vehicle statute provisions on remaining at the scene and the Criminal Code ones are often misunderstood by police. Many believe that they can arrest for any accident, including single-vehicle accidents. There is ample case law that constrains that authority and indicates where a single vehicle accident has occurred and no property damage ensues that no offence under the provincial fail to remain regime can be made out.
It’s also a useful reminder to probe charging documents and release documents to understand the foundation for an officer’s decision-making, particularly where they may resile from their positions on the stand. Be prepared for that and frame your notices in such a way as to cover off the eventualities of how an officer may wiggle out of a Charter breach. And don’t give up an opportunity to make a point in argument, even where your focus may be on a more discrete issue. This ability to pursue this on appeal was persevered, in part, based on the a brief reference to the issue in submissions.
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.
