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PODCAST

Driving Law

Driving law drives the law. Our legal system is shaped and developed by what happens when we are in our cars. Acumen Law Corporation lawyer Kyla Lee discusses with guests all things related to the rules of the road and how it is constantly changing the legal landscape.

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All Episodes

00:40:40

Episode 153: Cannabis impairment study, cycling proposal

Driving Law ·

2021/04/16

A new study from the USA's National Institute of Justice shows that current methods for testing drivers for impairment by cannabis at the roadside are unreliable. Kyla and Paul discuss what impact, if at all, the findings will have on law enforcement in Canada. Could impaired driving lawyers in Canada be doing more to help their clients? What lessons can they learn from their counterparts in the US? A proposal put forward by the BC Cycling coalition has Kyla's blood boiling. The motion would amend

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00:48:02

Episode 152: Tiger Woods, Surrey officer's driving...

Driving Law ·

2021/04/09

Tiger Woods was in the news after an investigation into his recent crash concluded he was driving at nearly twice the speed limit at the time. So why wasn't he charged with speeding? Kyla Lee and Paul Doroshenko examine some of the possible reasons. Meanwhile, there was some controversy after it was revealed an officer recently named an inspector with Surrey PD has a history of impaired driving. Kyla and Paul discuss what happens when officers get charged with such offences. Then, the BC Supreme

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00:50:08

Episode 151: Special guest Jan Semenoff

Driving Law ·

2021/04/02

Paul Doroshenko is joined by Jan Semenoff, an expert on alcohol breath testing and editor of Counterpoint, the journal of science and the law. They discuss topics including BC's Immediate Roadside Prohibition scheme. Follow Paul Doroshenko on Twitter: twitter.com/pauldoroshenko Follow Paul Doroshenko on Instagram: instagram.com/pauldoroshenko Follow Jan Semenoff on Twitter: twitter.com/jansemenoff www.vancouvercriminallaw.com www.counterpoint-journal.com

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00:39:03

Episode 150: Carbon tax decision, refusal cases,...

Driving Law ·

2021/03/26

Kyla and Paul react to the big news that the Supreme Court of Canada found Ottawa's carbon tax bill constitutional. The news has big implications for the future of driving law. A judicial review of an IRP decision raises Charter violation issues in relation to cases where a person is charged with refusal to provide a sample of breath. Also, we find out how you can plead guilty by accident. In a recent traffic court case, a woman accidentally plead guilty to two traffic tickets after her daughter

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00:57:10

Episode 149: Vaccines, stay of proceedings, cyclists

Driving Law ·

2021/03/19

With courts reopened, should members of the justice system be given a priority in the Covid-19 vaccine waiting list? Kyla and Paul share their thoughts. Also up for discussion is a traffic court case in which a defendant made an application for a stay of proceedings following a delay with a disclosure request. A debate over whether cyclists should be licences and insured was reopened this week. Kyla and Paul look at both sides of the argument. Finally, there's Ridiculous Driver of the

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00:47:00

Episode 148: Firearms, deemed convictions, ICBC experts

Driving Law ·

2021/03/12

A new gun bill, the Firearm Violence Prevention Act, aims to reduce gun crime. Kyla and Paul find out about the provisions of the bill that relate to driving. They include measures to seize vehicles suspected of carrying illegal firearms. Kyla and Paul examine deemed convictions and in particular a case in which a court issued a driving prohibition even though the defendant had already paid a fine. Then a mail-in topic from a listener, concerning ICBC experts and their treatment in court, is up

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00:39:23

Episode 147: Special guest Erik Magraken

Driving Law ·

2021/03/05

Special guest Erik Magraken, a personal injury lawyer and author of the BC Injury Law Blog, returns to the show. He talks to Kyla about the BC Supreme Court's declaration this week that the Civil Resolution Tribunal's jurisdiction over accident claims is unconstitutional. Co-host Paul Doroshenko then joins Kyla for a discussion about the long-term effects of the pandemic on people's health and how it could impact driving enforcement. He argues an increase in people suffering from gastroesophageal

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00:39:23

Episode 146: Hit and run, court and warrant reforms

Driving Law ·

2021/02/26

Kyla and Paul talk about an interesting case in which an elderly driver said he unknowingly hit a pedestrian before leaving the scene. Paul discusses hit and run cases and what it takes to mount a defence. New legislation tabled by the federal government proposes justice system reforms in light of lessons learned from Covid-19. They include court reforms but also troubling changes to warrants. Finally, there's a double helping of Ridiculous Driver of the Week. Follow Kyla Lee on

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00:42:58

Episode 145: Motor assisted cycles continued, ICBC...

Driving Law ·

2021/02/19

Another motor assisted cycle decision has been released, this time from the BC Court of Appeal. Kyla and Paul discuss the implications it has for the vehicles' definition. Then, we hear about a fatal crash involving a school bus that left one of the students with life-changing injuries. The case is still yet to be resolved despite the fact it happened nearly 10 years ago. Also, did you know that ICBC is responsible for collecting Covid-19 fines? Finally, don't miss the Ridiculous Driver of the

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00:37:25

Episode 144: Motor assisted cycles, traffic court...

Driving Law ·

2021/02/12

A recent BC Supreme ruling clarifies the definition of a motor assisted cycle. Kyla and Paul examine why the difficulty in telling motor assisted cycles apart from motorcycles has been an issue for the courts. Another recent case from provincial court could have a bearing on traffic court hearings that were adjourned to a future date due to Covid-19. Kyla and Paul explain why. Plus, don't miss a brand new Ridiculous Driver of the Week. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow

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00:33:42

Episode 143: Case Law Bonanza

Driving Law ·

2021/02/06

This week's show is a case law special. Kyla and Paul dive into some recent court decisions to consider the impact they will have on driving law in BC. The first case involves a woman who received a ticker from a speed camera ticket. She managed to get a reduction in her fine and now the government is suing her for $58. The other decision concerns a police officer who used a memory aid in a speeding case. Kyla and Paul examine whether notes, or other memory aids, can be relied on in court. And

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00:42:01

Episode 142: ICBC online estimator, Vancouver...

Driving Law ·

2021/01/29

ICBC announced it is launching an online insurance calculator tool. Find out why it's making Kyla and Paul angry. Then, the co-hosts react to news the City of Vancouver is considering a proposal to eliminate free parking. There was also sad news this week about an incident involving an anti-masker at a traffic court in which a person suffered a broken leg. At the end of the show, it's the podcast premiere of the remix to Kyla's song, Like What You Do. Follow Kyla Lee on

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00:37:32

Episode 141: Distracted driving, measurands

Driving Law ·

2021/01/22

Kyla and Paul take a deep dive into distracted driving, AKA use of an electronic device while operating a motor vehicle. What does the current legislation say, what does it mean in practice, and do they have any concerns? Spoiler alert: they do. Then, Kyla and Paul explain what a measurand is and what it means for impaired driving and speeding cases. Plus, don't miss Ridiculous Driver of the Week. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Kyla Lee on

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00:38:35

Episode 140: Distracted driving, speeding, Covid-19...

Driving Law ·

2021/01/15

A major decision at the BC Supreme Court could affect distracted driving laws. Kyla and Paul find out what it means for drivers. Another decision saw a man take his ticket for speeding all the way to the Supreme Court on grounds of insufficient evidence that the radar device was functioning and the officer operating it was qualified. And with the BC government exploring legal options in light of people not complying with Covid-19 travel restrictions, Kyla and Paul discuss what could happen

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00:36:49

Episode 139: New mouthpieces for alcohol breath testers

Driving Law ·

2021/01/08

Kyla Lee and Paul Doroshenko reveal details of two books Kyla has authored. Following concerns raised on this podcast about the risk of spreading coronavirus via police roadside breath testers, the manufacturer of the devices used in Canada has released a new Covid-friendly mouthpiece. Mike Farnworth, the minister in charge of safety on BC's roads, wrote an op-ed about "speeding idiots" It implies harsher punishments for excessive speeding and drug-impaired driving could be on the way

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00:39:35

2020 Recap

Driving Law ·

2021/01/01

2020 has been a year of coronavirus, court closures and quarantines. But it hasn't been all bad. Join Kyla Lee and Paul Doroshenko as they take a look back at the last year and hear interviews with some of the guests they have had on the show. Happy New Year from Driving Law. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Kyla Lee on Instagram: instagram.com/kylaleelawyer Follow Paul Doroshenko on Twitter: twitter.com/pauldoroshenko Follow Paul Doroshenko on

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00:35:45

Episode 137: Police car near-miss, crime information...

Driving Law ·

2020/12/18

Kyla Lee and Paul Doroshenko react to a video doing the rounds online which features a police car nearly hitting a young girl on a bike in the cycle lane. Next up, the co-hosts discuss the police on Twitter. Are they overstepping the mark with the information they make public on social media? Finally, Kyla and Paul take a look at parking fines, including one hospital where not only do staff have to pay but they are also being told to pay outstanding fines. Plus, don't miss Ridiculous Driver of

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00:34:24

Episode 136: Christmas cancelled, dazed man injured...

Driving Law ·

2020/12/11

Kyla Lee and Paul Doroshenko react to news that Christmas is officially cancelled. Covid-19 restrictions in BC mean people will not be allowed to travel to see their loved ones. A dazed man involved in a crash left his vehicle on the side of the road and wandered into the woods. Meanwhile, RCMP attending the crash assumed he got a ride home. Kyla and Paul analyze the police response. Plus, don't miss Ridiculous Driver of the Week. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Kyla

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00:38:57

Episode 135: Counterattack, Alberta's IRS scheme

Driving Law ·

2020/12/04

It's Christmas once again which also means it's the start of Counterattack in BC. Will it be different this year in the midst of a pandemic and is it appropriate to be doing more roadblocks in a pandemic? Hosts Kyla Lee and Paul Doroshenko discuss. Alberta has finally introduced its version of IRPs, the Immediate Roadside Sanction scheme. Kyla and Paul share some of their insights into what Albertans can expect. Plus, don't miss Ridiculous Driver of the Week. Follow Kyla Lee on

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00:37:44

Episode 134: Cabinet shuffle, Covid-19 court outbreak

Driving Law ·

2020/11/27

There has been a cabinet reshuffle in the BC government, including David Eby who is no longer in charge of ICBC. Kyla Lee and Paul Doroshenko find out what this means for driving. There has been an outbreak of Covid-19 cases at a provincial court in Surrey. Kyla and Paul talk about a case in which a driver appealed against his distracted driving ticket on the basis of a news story he had read that having a phone on your lap does not count as holding it. In another case, a police officer was

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