On this special episode, Kyla and Paul are live from Atlanta, Georgia, where they are attending the DUIDLA Fall Seminar. They show the shortcomings of SFST on cannabis and the arbitrary process of a High-Risk Driving Incident Report.
On this week’s episode, Kyla and Paul look at overpass strikes, forest fire smoke and its effect on ASD samples. They also look at assumptions used versus actual scientific studies in police testing and TransLink HandyDART failures.
Listen on streaming platforms now!
Driving Law Podcast Episode 308: Overpass Strikes, Forest Fires, HandyDART and You Read More »
On this episode, Kyla and Paul ask the question if modern vehicles need the high top speeds for driving in the city. Should there be legislation or manufacturer limitations? They also look at a case where an accident was found to be unavoidable.
Listen on streaming platforms now!
I’m often contacted by puzzled people who have been issued a Violation Ticket for Driving Without Due Care and Attention and they haven’t a clue what it means. What did they do that could constitute the offence? What is the officer saying they did wrong?
…What is “Without Due Care?” 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 »
A lot of people are familiar with the fact that British Columbia has speeding laws and many people have received tickets, but despite how common they are, most people don’t know as much as they think they know about speeding laws.
…Ten things you didn’t know about speeding laws in BCRead More »
Ten things you didn’t know about speeding laws in BC Read More »
“If you get caught with a noisy vehicle here in BC how much is the fine here?”
…
“It’s $109 every time but it’s also 3 points every time and as soon as you get above 4 points you start paying Driver Penalty Point Premiums and you run the risk of losing your drivers license so the real penalty in BC comes from the imposition of those points.”
…Kyla on The Mike Smyth Show: Loud Vehicles 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 »
When someone asks ‘is there any way to get rid of points in BC it is a difficult question to answer, and the answer is very complicated.
A lot of people are often worried about accumulating points on their driving records. They’re concerned because the more points you have, the more likely it is that you will get a driving prohibition, and receive a driver risk premium invoice.
Points can be costly, and points can be dangerous. And the thing is, it is complicated to get rid of points on your driving record in British Columbia.
…Is there any way to get rid of points in BC? Read More »
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