driving law

Episode 399: Charter Delay Tactics and Civil Liability in Psychosis

This week on Driving Law, Kyla Lee and Paul Doroshenko take a deep dive into two legal cases that raise big questions about justice, delay, and mental health on the road.

First, they unpack a newly released BC Provincial Court decision in R v. Carr, where a defence lawyer attempted to argue that a traffic ticket should be thrown out for unreasonable delay—even though it was the lawyer’s own Charter application that created the delay. The court firmly rejected the argument, clarifying that you can’t manufacture delay and then claim a breach of the right to be tried within a reasonable time.

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Episode 399: Charter Delay Tactics and Civil Liability in PsychosisRead More »

Episode 399: Charter Delay Tactics and Civil Liability in Psychosis Read More »

Episode 397: Charter Breaches, Retaliatory Tariffs, and a Volvo in the Sea

On this week’s episode, Kyla and Paul break down a hearing at Canada’s highest court that could reshape how far police are allowed to go when entering private property during an impaired driving investigation. They also explore the implications of a recent BC Supreme Court ruling on police surveillance and personal privacy.

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Episode 397: Charter Breaches, Retaliatory Tariffs, and a Volvo in the SeaRead More »

Episode 397: Charter Breaches, Retaliatory Tariffs, and a Volvo in the Sea Read More »

Episode 395: Tesla Rebates, Border Tolls, and an Excavator Heist

On this week’s episode, Kyla Lee and Paul Doroshenko break down BC’s new economic retaliation measures, the controversy over Tesla being cut from EV charger rebates, and why the province is giving itself broad new powers to respond to external threats. Plus, a Magraken Moment on ICBC’s alleged privacy violations and this week’s Ridiculous Driver—a bold excavator thief using heavy machinery to rob a bank.

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Episode 395: Tesla Rebates, Border Tolls, and an Excavator HeistRead More »

Episode 395: Tesla Rebates, Border Tolls, and an Excavator Heist Read More »

When Traffic Stops Become Charter Breaches

Imagine a situation where police stop a car, and things escalate from there, leading to a big legal battle over whether the evidence they found can even be used in court. That’s essentially what happened in the case of R. v. Anwyll, a case that highlights how important it is for the police to follow the rules under the Charter.

This case demonstrates the intersection of driving law and Charter rights, specifically concerning the legality of vehicle stops for prohibited driving and subsequent police actions.

This case is particularly relevant for driving law, as it highlights the limitations of police authority under the Motor Vehicle Act (MVA) and the consequences of exceeding those limits.

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When Traffic Stops Become Charter BreachesRead More »

When Traffic Stops Become Charter Breaches Read More »

Navigating Traffic Court: Guilty Pleas, Defences, and Appeals

Close-up of a hand adjusting an unbalanced golden scale of justice, symbolizing inequality or bias in decision-making processes.

Traffic court can be confusing and overwhelming. Discussions with officers in the hallway outside court can persuade self-represented accused person who believe they have a defence to plead guilty. They are told that their defence may be taken into account on sentencing. For most people, they think this will help with the points. But the power of the court on a guilty plea in traffic court can be limited.

The recent British Columbia Supreme Court case of R. v. Hessabi, 2024 BCSC 1572, sheds light on some of these complexities in traffic court proceedings, particularly when a defendant attempts to argue that their actions were justified by necessity.

This case, which involved an appeal of a guilty plea to a charge of changing lanes unsafely, demonstrates the importance of understanding legal defences and the court process.

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Navigating Traffic Court: Guilty Pleas, Defences, and AppealsRead More »

Navigating Traffic Court: Guilty Pleas, Defences, and Appeals Read More »

How Long Does a DUI Stay on Your Record in Canada?

Distraught driver holding a beer bottle with police lights flashing in the background.

If you’ve been charged with a DUI in Canada, a significant concern is undoubtedly how long this will remain on your record.

A DUI conviction can have extensive ramifications, impacting your employment prospects, your ability to travel, and even your housing situation. Understanding the duration a DUI stays on your record, and what actions you can take, is essential for planning your future.

This post will outline the key facts about DUI records in Canada and clarify why seeking legal counsel is vital to protect your future.

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How Long Does a DUI Stay on Your Record in Canada?Read More »

How Long Does a DUI Stay on Your Record in Canada? Read More »

Driving Law Podcast Episode 373: Insuring Electric Skateboards and New Research on Pedestrians

In this week’s episode, Kyla Lee and Paul Doroshenko discuss the E-scooter pilot project, insuring electric skateboards and new research reveals that the biggest danger to pedestrians is…themselves…?

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Driving Law Podcast Episode 373: Insuring Electric Skateboards and New Research on PedestriansRead More »

Driving Law Podcast Episode 373: Insuring Electric Skateboards and New Research on Pedestrians Read More »

Kyla in The Daily Hive: Is automated enforcement the answer to HOV lane violators in BC?

Is automated enforcement the answer to HOV lane violators in BC?

HOV lane violators are a major sore spot for BC drivers, and a recent, albeit short-lived, crackdown has led to some pondering the solution to the problem.

After all, who wouldn’t be irked by seeing someone speeding solo through the HOV lane in their Corvette?

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Kyla in The Daily Hive: Is automated enforcement the answer to HOV lane violators in BC?Read More »

Kyla in The Daily Hive: Is automated enforcement the answer to HOV lane violators in BC? Read More »

Could Your Body Be Brewing Its Own Alcohol? Shocking Implications For DUI Cases

dui

As a DUI lawyer, I’m always on the lookout for information that could lead to false DUI convictions. And let me tell you, this recent study on auto-brewery syndrome, also called gut fermentation syndrome, has sent shockwaves through my understanding of DUI cases. The implications of this research are staggering, potentially turning our understanding of intoxication on its head.

What if I told you that your body could be producing its own alcohol, enough to potentially register on a breathalyzer test, without you ever taking a sip of beer, wine, or liquor? That’s the baffling reality that some people with auto-brewery syndrome face.

This isn’t some fringe theory. The study, published in the scientific journal Laws, highlights how scientists have known about the connection between gut health, diet, and internal alcohol production for over a century.

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Could Your Body Be Brewing Its Own Alcohol? Shocking Implications For DUI CasesRead More »

Could Your Body Be Brewing Its Own Alcohol? Shocking Implications For DUI Cases Read More »

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