criminal code

Sleeping it Off in Your Car is Not Always Lawful

Many people think sleeping in their vehicle is a safe alternative to driving home after a night out. But in reality it is actually one of the most common ways people end up with a criminal record.

We have all heard the advice that if you have had too much to drink, you should just sleep it off in your car. However, the case of His Majesty the King v. Michael Alan Loney is a perfect example of why that plan can go sideways very quickly.

If you are sitting in the driver’s seat with the engine running, even if you are fast asleep and have no intention of moving an inch, the law in Canada views you very differently than you might expect.

…

Sleeping it Off in Your Car is Not Always LawfulRead More »

Sleeping it Off in Your Car is Not Always Lawful Read More »

When Police Can Demand Your Blood: Lessons from a Recent Mission Impaired Driving Investigation

Most British Columbia drivers know that if they are pulled over on suspicion of impaired driving, they can be asked to blow into a roadside screening device. Far fewer know that, in certain circumstances, the police can demand a sample of their blood.

A recent Mission RCMP investigation is a useful reminder that blood demands are real, they are used, and they carry significant legal consequences. But they are also among the most legally scrutinized tools in a Crown prosecutor’s impaired driving file.

…

When Police Can Demand Your Blood: Lessons from a Recent Mission Impaired Driving InvestigationRead More »

When Police Can Demand Your Blood: Lessons from a Recent Mission Impaired Driving Investigation Read More »

Drug Recognition Evaluation Tests in Canada

Police officer checking a driver's license through the car window during a traffic stop.

In Canada, the police have significant powers to demand samples of your breath, blood, or urine. However, these powers are not absolute. They are governed by strict statutory requirements and constitutional protections. A recent decision out of the Ontario Court of Justice, R. v. Wilson 2026 ONCJ 211, dismantles the Drug Recognition Evaluation (DRE) process in a massive way.

In this case, the defendant, Mr. Wilson, was involved in a motor vehicle accident. He was eventually arrested for impaired driving and taken to the station for a DRE. After the evaluation, he refused to provide a urine sample and was charged with refusing to comply with the urine demand.

The reasons for this acquittal were based on three major elements: the failure to follow the mandatory 12-step process, the trap of tunnel vision, and the pervasive risk of confirmation bias.

…

Drug Recognition Evaluation Tests in CanadaRead More »

Drug Recognition Evaluation Tests in Canada Read More »

Episode 450: One Missed Step Can Collapse a Drug Recognition Evaluation

This week, Kyla Lee and Paul Doroshenko discuss a major decision on drug recognition evaluations and why police must strictly follow the required 12-step process in impaired driving investigations.

…

Episode 450: One Missed Step Can Collapse a Drug Recognition EvaluationRead More »

Episode 450: One Missed Step Can Collapse a Drug Recognition Evaluation Read More »

Ontario Just Made Impaired Driving Penalties Much Harsher. Here’s What BC Drivers Should Know

On January 1, 2026, Ontario enacted the most significant provincial overhaul of impaired driving penalties in Canada in years. Under amendments to the Highway Traffic Act brought into force through the Safer Roads and Communities Act, Ontario drivers now face lifetime licence suspensions for impaired driving causing death, double the prior look-back period for repeat offences, longer automatic roadside suspensions, and mandatory education programs triggered on the first offence rather than the second.

It’s a fundamental shift in how Ontario handles impaired driving. And it raises an obvious question for BC drivers: is the same thing coming here?

The short answer is that BC’s framework already differs sharply from Ontario’s, in ways that matter for anyone facing an impaired driving allegation. But Ontario’s 2026 changes are part of a clear national trend toward faster, harsher, and more automatic consequences. If you’re currently facing impaired driving charges in BC, or if you want to understand where the law may be heading, here’s what you need to know.

…

Ontario Just Made Impaired Driving Penalties Much Harsher. Here’s What BC Drivers Should KnowRead More »

Ontario Just Made Impaired Driving Penalties Much Harsher. Here’s What BC Drivers Should Know Read More »

The Law Does not Give Credit for Bail Conditions Affecting Your Ability to Drive

If you practice criminal law in Canada, you’ve likely relied on the idea that fairness is a two-way street. If a client spends months on strict bail conditions, effectively serving some or all of their punishment before they’ve even been convicted, a judge should be able to account for that at sentencing, right?

Wrong.

The recent decision in R. v. Reid 2026 ONSC 1342 has officially confirmed that when it comes to driving prohibitions, fairness is no longer part of the equation.

…

The Law Does not Give Credit for Bail Conditions Affecting Your Ability to DriveRead More »

The Law Does not Give Credit for Bail Conditions Affecting Your Ability to Drive Read More »

Episode 425: Bail Reform, Driving Prohibitions, and the Fire Truck Heist

This week, Kyla Lee and Paul Doroshenko unpack Canada’s latest bail reform legislation — and how it quietly brings back discretionary driving prohibitions in serious offences like criminal negligence and manslaughter. They also talk about ICBC’s Indigenous driver hotline and, of course, two unforgettable Ridiculous Drivers of the Week.

…

Episode 425: Bail Reform, Driving Prohibitions, and the Fire Truck HeistRead More »

Episode 425: Bail Reform, Driving Prohibitions, and the Fire Truck Heist Read More »

How To Beat a Driving While Prohibited Charge in BC

beat driving while prohibited charge

Driving while prohibited is a serious offence. If convicted of the criminal charge of driving while prohibited, a person can receive a criminal record. Under the Motor Vehicle Act, a person can face a possible jail sentence. In either circumstance, the penalty for driving while prohibited includes lengthy driving prohibitions and potentially high fines.

This is why it is important to understand the evidence in a driving while prohibited case, and what you can do to beat a driving while prohibited charge in British Columbia. …

How To Beat a Driving While Prohibited Charge in BCRead More »

How To Beat a Driving While Prohibited Charge in BC Read More »

Is a Driving While Prohibited Charge a Criminal Charge?

driving while prohibited

Many people who contact my office are not sure about whether they are facing the consequences of a criminal record for a driving while prohibited charge. These individuals are wondering whether a driving while prohibited charge is a criminal charge. And the answer, unfortunately, is more complicated than a simple “yes” or “no.”

In order to better understand this issue, first we need to understand what we are dealing with when looking at a driving while prohibited charge. …

Is a Driving While Prohibited Charge a Criminal Charge?Read More »

Is a Driving While Prohibited Charge a Criminal Charge? Read More »

Scroll to Top
CALL ME NOW