driving offences

Self-Defence in Dangerous Driving Cases

A personal dispute can quickly transform into a legal tragedy with life-altering consequences. In R. v. Lafferty, a young woman’s attempt to flee a tense confrontation resulted in the death of another person. The Court of Appeal for Northwest Territory was tasked with deciding whether her actions, driven by a subjective sense of fear, could be legally justified as self-defence.

This case shows the high bar that must be cleared to successfully claim self-defence when a motor vehicle is involved. The law balances the right to personal safety against the heavy responsibility of operating a vehicle in public spaces.

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Weird and Wacky Wednesdays: Volume 397

This week on Weird and Wacky Wednesdays: Three Stops, Three Endings

Most DUI investigations starts in roughly the same place. A car drifts, an officer pulls in behind, a window comes down, and the next thing you know there is a breath test and a file that will follow somebody around for years. After that, though, the path the case takes can go almost anywhere.

This week features three stops that ended in three very different places. One produced a charge the breath machine flatly refused to support. One produced a charge against the officer himself, complete with a bag of high proof shooters in the passenger seat. And one produced a plea deal so famously Californian that it has its own nickname.

A grab bag of cases, but all from the same opening scene.

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Episode 423: Road Rage, “Xavier’s Law,” and Why Due Process Still Matters

This week, we unpack the surge in road-rage cases, why Canada doesn’t need a bespoke “road-rage law,” and the legal flaws in the proposed “Xavier’s Law” that would suspend licences after any fatal crash. We close with a Florida cautionary tale about how small misconduct can snowball fast.

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