On this episode Paul and AK take a look at a new rising trend, and it’s not overhead strikes. They look at how civil forfeitures can affect your car when you are charged with a crime. They also discuss the traffic conditions from yesterday’s arctic blast.
Listen on streaming platforms now!
Driving Law Podcast Episode 324: Civil Forfeitures and You! Read More »
Despite it being Distracted Driving Awareness Month in British Columbia, the public auto insurer’s attempts to spread safety messaging are receiving more criticism than being effective in educating the public.
Although ICBC has attempted to clarify their intention, they posted a tweet on Monday instructing viewers to “Watch this if you’re unsure about where you can and can’t put your phone while you’re driving.”
Read more: Kyla Lee on City News: ICBC called out for distracted driving videoA member of the ICBC road safety team explains where you are allowed to and not allowed to keep your cellphone in the car
“You probably know that when you’re driving it’s against the law to have your phone in your hand, in your lap, or even on the seat beside you,” Harvey Kooner says in the footage.
However, it’s the last detail that has many calling the insurer out. It’s in fact, totally legal for you to have your phone on the seat next to you — provided you are not using it.
“ICBC is currently running an ad on Twitter that actually misstates the law. I would know because I took the case to B.C. Supreme Court to get a ruling from the court specifically to indicate that it is lawful to have your phone sitting loose in your cupholder, loose in the car, on the passenger seat, so long as you’re not touching it or doing anything that’s defined as use within the Motor Vehicle Act”
Kyla Lee on City News
Kyla Lee, a criminal lawyer in Vancouver, was among those to call ICBC out, urging the insurer to “stop spreading misinformation.”
“R. v. Partridge 2019 BCSC 360 clearly says it’s totally lawful to have it on the seat beside you,” she wrote in a tweet.
Lee explains the prohibition in the Motor Vehicle Act involves “actively using” your phone “and is connected to actions involving the phone.”
Read the full article here.
Kyla Lee on City News: ICBC called out for distracted driving video Read More »
A video, presented by a member of the ICBC Road Saftey department, claims that having your phone loose on the seat beside you is illegal, but Vancouver lawyer Kyla Lee says this is not an accurate representation of what the province’s cellphone usage while driving law states.
“ICBC has, since the law was brought in, taken the position that the law prohibits more than it actually does,” she states.
Read more: Kyla Lee in Vancouver is Awesome: Vancouver lawyer calls out ICBC for sharing misinformation about distracted drivingBecause of this inaccurate information, numerous tickets have been issued by law enforcement officers for drivers who have their cellphone loose in the vehicle. Lee herself challenged the decision and it went to the BC Supreme Court in 2019.
In the case of R. v Partridge, 2019 BCSC 360 (CanLII), the Crown reportedly conceded that it is indeed lawful to have your phone in the cupholder or on the seat next to you so long as you are not using it.
“We asked for a reported judgment to try to make the law clear as a bell. To my dismay, the misinformation about what is and is not legal with a cell phone continues.”
Kyla Lee on Vancouver Is Awesome
Lee concedes that the distracted driving law may not be clear, but she believes that spreading inaccurate information by ICBC and government agencies is making the lack of clarity worse. Lee also asserts that this misinformation leads to confusion among the public and police officers, resulting in more improper tickets being issued. She has publicly criticized ICBC through social media for their actions.
Read the full article here
Many people think a traffic ticket is a relatively simple matter, and believe that they should be able to defend their own traffic ticket and that it’s not worth it to hire a lawyer.
The problem is, without a sophisticated understanding of the rules of law and evidence in a courtroom, and the procedure that’s to be applied in a courtroom, people make significant mistakes while disputing their own traffic tickets.
So here are the top five mistakes we have found people make when disputing their own tickets.
…Top 5 mistakes people make disputing their own ticketRead More »
Top 5 mistakes people make disputing their own ticket Read More »
Most people are aware of the colloquial “right to a speedy trial.” This is included in the Canadian Charter under Section 11(b) which states ‘any person charged with an offence has the right: to be tried within a reasonable time.’
A ruling by the Supreme Court of Canada in 2016, in the case, called R v. Jordan, guarantees everyone has the right to a trial in a reasonable time.
…How long is too long for your traffic ticket trial?Read More »
How long is too long for your traffic ticket trial? Read More »
A lot of people contact us after receiving a distracted driving ticket, and the biggest question they usually have is ‘how can I get a ticket for moving my phone?’
When people think about the law, which prohibits using an electronic device while driving most people don’t understand that the term ‘use’ is defined very broadly in the Motor Vehicle Act.
…Can I get a ticket for moving my phone? Read More »
This week on Weird and Wacky Wednesdays, we look at the case of a curious poisoning event in a retirement home. Then, we examine how flouting the law can confront the law. Finally, we give some side-eye at the premier of Ontario… need I say more?
Follow the jump to learn more about this week’s weirdest and wackiest cases from around the globe!
…Weird and Wacky Wednesday: Volume 182 Read More »
What exactly constitutes ‘distracted’ has always been a bit complicated. It should be obvious that holding a phone in your hand, whether you are texting, on a phone call, or even changing a song, means you are focusing on something other than the road, and therefore driving distracted. However, based on a new ruling in the BC Court of Appeal that happened yesterday, what constitutes distracted driving may have been clarified a bit, and it appears, it is no longer limited to just a phone in hand.
…What constitutes distracted driving? Read More »
As we all know, the law regarding distracted driving, also known as use of an electronic device while driving, is vague even with your vehicle in park. So much so that courts are still getting to grips with it and gradually working out how it should be interpreted.
…Is It Still Distracted Driving If your Vehicle Is in Park?Read More »
Is It Still Distracted Driving If your Vehicle Is in Park? Read More »
A ruling last week from the BC Supreme Court held up that idea saying that having a loose phone in a cup holder while listening to music or a podcast through your car speakers is NOT distracted driving.
…Kyla Lee on Radio NL Read More »
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