This week on Driving Law, Kyla Lee and Paul Doroshenko unpack a busy slate of driving law issues, from dangerously bright headlights to parking tickets, impaired driving policy, and public misconceptions about enforcement.
…Episode 438: Blinding Headlights, Parking Tickets, and Impaired Driving MythsRead More »
Episode 438: Blinding Headlights, Parking Tickets, and Impaired Driving Myths Read More »
Occasionally, the police pull people over who are naked. It happens in Canada. It happens in the United States. Sometimes it happens to our clients. Most of the time, it ends up being a DUI investigation. Often, there is body cam footage and complicating factors due to the lack of clothing.
Of course we are in Canada, so we do not technically use the term “DUI.” Here, it is “Impaired Driving.” But for today we’re going to stick with “Naked DUI” Because these weird and wacky DUI cases all come from the States.
It is worth noting that this is not really a winter phenomenon. Naked impaired driving tends to be a summer activity. Warm weather parties, alcohol, and poor decisions seem to come together when the warm weather hits. January is gloomy. February is worse. So somehow it seemed like a good time to think about summer, sunshine, and the naked truth about DUIs.
…Weird and Wacky Wednesdays: Volume 384 Read More »
The Supreme Court of Canada has agreed to hear a major impaired-driving case that could reshape how “causing death” offences are applied. In Episode 436 of Driving Law, Kyla Lee and Paul Doroshenko explain why the decision matters.
…Episode 436: Supreme Court to Hear Impaired Driving Death Case and Mandatory FinesRead More »
Episode 436: Supreme Court to Hear Impaired Driving Death Case and Mandatory Fines Read More »
Welcome to British Columbia’s only weekly DUI law update newsletter. This newsletter contains the most cutting-edge information, the newest case law, and helpful practice tips for DUI defence in BC.
Authored by Kyla Lee, BC’s Impaired Driving Update is released weekly on Thursdays.
What’s inside:
Impaired Driving Update – BC Edition: Volume 6 Read More »
Mandatory alcohol screening is expanding in parts of Canada, while courts continue to clarify what police can and cannot do after an arrest. In Episode 434 of Driving Law, Kyla Lee and Paul Doroshenko examine new enforcement trends and an important right-to-silence decision.
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This week on Driving Law, Kyla and Paul examine Bill C-16, a sweeping federal criminal law bill that quietly rewrites court delay rules, evidence retention timelines, and sentencing discretion — with serious consequences for impaired driving cases.
…Episode 432: Bill C-16, Court Delays, and a CVS Officer CrashRead More »
Episode 432: Bill C-16, Court Delays, and a CVS Officer Crash Read More »
On November 14, 2025, the Supreme Court of Canada (SCC) delivered its judgment in R. v. Larocque, 2025 SCC 36, a companion case to R. v. Rousselle, 2025 SCC 35. This ruling clarifies the Crown’s evidentiary burden when prosecuting the “80 and over” offence, focusing specifically on how much information about the alcohol standard used in breath testing must be proven at trial.
The case revolved around Stéphane Larocque, who was stopped at a sobriety checkpoint and subsequently charged with operating a motor vehicle with a blood alcohol concentration (BAC) equal to or exceeding 80 mg percent. At trial, the Crown introduced certificates from the qualified technician and two analysts to satisfy the preconditions required to utilize the statutory presumption of accuracy in s. 320.31(1) of the Criminal Code.
The issue before the SCC was technical but highly significant: Must the Crown prove the specific numerical target value of the alcohol standard used during the system calibration check to benefit from the presumption of accuracy for breath sample analysis results?
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Welcome to British Columbia’s only weekly DUI law update newsletter. This newsletter contains the most cutting-edge information, the newest case law, and helpful practice tips for DUI defence in BC.
Authored by Kyla Lee, BC’s Impaired Driving Update is released weekly on Thursdays.
What’s inside:
Impaired Driving Update – BC Edition: Volume 4 Read More »
On November 14, 2025, the Supreme Court of Canada (SCC) settled a nationwide debate regarding breath alcohol testing evidence. In its decision, R. v. Rousselle, 2025 SCC 35, a companion case to R. v. Larocque, 2025 SCC 36, the Court confirmed that the Crown is not required to call an analyst to testify or file documents from the analyst in every impaired driving case to prove the reliability of the alcohol standard used in breath testing.
The central question was one of evidence: could the Crown rely solely on the certificate of the qualified technician, a police officer operating the approved instrument, to prove a precondition that the alcohol standard used was certified by an analyst?. The SCC answered a resounding yes.
…Did the SCC Eliminate Impaired Driving Defence Technicalities?Read More »
Did the SCC Eliminate Impaired Driving Defence Technicalities? Read More »
This week on Driving Law, Kyla and Paul take on a deeply concerning Ontario ruling that blurs the line between lawful and unlawful ASD demands, raising major Charter implications. They also dig into a BC guilty plea decision affecting Uber drivers, Ontario’s proposal for child-support penalties, and a festive but illegal Ridiculous Driver of the Week.
…Episode 430: Mandatory vs. Suspicion Demands, Uber Drivers, & Christmas LightsRead More »
Episode 430: Mandatory vs. Suspicion Demands, Uber Drivers, & Christmas Lights Read More »
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