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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

00:33:32

Episode 133: How to lower BAC, new Covid-19 restrictions

Driving Law ·

2020/11/20

Kyla Lee and Paul Doroshenko discuss the week's big driving law news. A new study provides some insight on ways that you can lower your blood alcohol concentration. BC has imposed new Covid-19 restrictions, including mandatory masks in public indoor spaces and no travel around the province. Kyla and Paul explain what this could mean for drivers and businesses. An interesting Ridiculous Driver of the Week provides an example of how Covid-19 symptoms and indicia of impairment can overlap. Follow

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00:51:18

Episode 132: Special guest Aidan Campbell

Driving Law ·

2020/11/13

Kyla Lee interviews immigration and refugee lawyer, Aidan Campbell. They discuss the impact recent legislation changes will have for people facing removal from Canada for impaired driving offences. Kyla and co-host Paul Doroshenko discuss the new Covid-19 restrictions in effect in British Columbia and what they mean for driving law. The new rules mean you cannot drive outside of your health authority except for specific reasons. Plus, there's a new Ridiculous Driver of the Week. Follow Kyla Lee

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00:41:24

Episode 131: Prosecutorial discretion, successful IRP...

Driving Law ·

2020/11/06

Ontario is allowing greater prosecutorial discretion in impaired driving cases. The move is aimed at easing a backlog of DUIs by enabling some of them to be tried as lesser charges under the Motor Vehicle Act. Kyla and Paul react to a successful judicial review of an IRP decision as well as another case where an order issued to protect privacy has raised some questions. They also discuss a story about a transit police officer injured in a motor vehicle accident while trying to apprehend a

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00:46:15

Episode 130: Mobility pricing, "super drunk" driver,...

Driving Law ·

2020/10/30

Kyla Lee and Paul Doroshenko react to the week's driving law stories, including news that mobility pricing is coming to Vancouver - effectively a tax on driving downtown. They discuss a story about a "super drunk" driver and dissect the provincial election results. There's a new segment, Driving Hero of the Week, followed by Ridiculous Driver of the Week. Also, listen to a clip from Kyla's new song, Like What You Do. Watch the music video for Like What You Do:

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00:36:35

Episode 129: Arson, election issues, free parking for...

Driving Law ·

2020/10/23

A suspected arson forced major routes in Vancouver to close this week. Kyla Lee and Paul Doroshenko ask whether an arsonist could be held liable for their interruption of traffic as well as associated ICBC claims. There's more election chat as BC residents head to the polls, including the topic of opening up competition to ICBC. Kyla and Paul also discuss a Vancouver City Council motion to provide free parking for veterans. Also, don't miss the Ridiculous Driver of the Week. Follow Kyla Lee on

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00:37:22

Episode 128: Traffic court, Covid-19, bill to amend...

Driving Law ·

2020/10/16

As Covid-19 cases continue to rise and Ontario shutting its traffic courts until January, Kyla and Paul ponder what's in store for traffic courts here in BC. With news this week that coronavirus can be preserved and maintained on a surface for an extended period of time, what are the implications for breath testing equipment? Kyla and Paul discuss a government bill to amend Motor Vehicle Act provisions related to what evidence can be submitted for IRP reviews and why it's very bad news for

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00:38:26

Episode 127: Earbuds, distracted driving, ICBC...

Driving Law ·

2020/10/09

A recent BC Supreme Court decision clarified the rules around wearing earbuds while driving. Kyla Lee and Paul Doroshenko discuss the ruling and what it means for distracted driving laws in BC. With the provincial election coming up, is it time for new legislation to clear up confusing distracted driving laws? Also on the podcast, Kyla and Paul examine some of the promises politicians have been making about ICBC in the run up to the election. With the prospect of privatisation raised again, what

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00:36:17

Episdoe 126: IRPs coming to Alberta, IRP extensions,...

Driving Law ·

2020/10/02

D-Day for Alberta. IRPs are coming to the province on December 1st. Kyla Lee and Paul Doroshenko discuss a recent BC Supreme Court decision involving a notice of extension of an IRP issued by RoadSafetyBC. Kyla and Paul then discuss the sentencing in a high-profile dangerous driving causing death case that reached the Supreme Court. Also there's Ridiculous Driver of the Week. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Kyla Lee on Instagram: instagram.com/kylaleelawyer Follow

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00:39:42

Episode 125: BC Provincial Election

Driving Law ·

2020/09/25

With the NDP announcing a snap BC provincial election in October, Kyla Lee and Paul Doroshenko take a deep dive into the issues affecting BC drivers. They look at the major parties' history of driving legislation as well as where they each stand on issues such as speeding, distracted driving and impaired driving. Also, don't miss the new Ridiculous Driver of the Week. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Kyla Lee on Instagram: instagram.com/kylaleelawyer Follow Paul

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00:58:39

Episode 124: Special guests Jan Semenoff and Roy Ho

Driving Law ·

2020/09/18

Paul Doroshenko hosts this week with two special guests. Breath testing expert and former police officer Jan Semenoff speaks to Paul about concerns that police breath testing equipment poses a Covid-19 risk. Also, do people who have already contracted the virus have difficulty providing a breath sample? Then, Acumen Law Corporation's Roy Ho who handles insurance claims and insurance litigation. He speaks to Paul about auto insurance for gig economy workers. Recent changes have given delivery

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00:56:53

Episdoe 123: Special guest RJ Wallia

Driving Law ·

2020/09/11

On this podcast, Kyla and Paul discuss a Supreme Court of Canada decision on a defamation case involving a doctor hired by insurance companies for motor vehicle accident claims. They also get into how the case may have an impact on IRP reviews. Bad news for 'L' drivers as they will get no more extensions to take their tests in light of Covid-19 delays. Despite the fact no-one can get a test until January, many learner drivers will miss the deadline to take their tests and have to start the whole

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00:41:09

Episode 122: Hit and run laws, discriminatory...

Driving Law ·

2020/09/04

Kyla and Paul discuss a petition to change hit and run laws. The changes would give added obligations to drivers at the scene of an accident if they hit a child. They also discuss discriminatory policing, including practices when handcuffing suspects in IRP investigations. In the US, Virginia's state senate has passed a new law against so-called "stop and sniff" police stops. The law prohibits officers from conducting impaired driving investigations based on the odour of cannabis.

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00:42:07

Episode 121: Road tests, overdose deaths, involuntary...

Driving Law ·

2020/08/28

With road tests interrupted by Covid-19, Kyla and Paul check in to see how examiners are coping with the backlog. There was saddening news that overdose deaths have reached record-breaking levels in BC. Could we apply lessons from impaired driving law to drug enforcement in order to quell the crisis? Kyla and Paul discuss a case involving a man charged with impaired driving who said he unwittingly mixed alcohol and prescription drugs. He ran a defence of involuntary intoxication and won. There's

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00:38:40

Episode 120: ICBC decals, mandatory breath testing...

Driving Law ·

2020/08/21

ICBC decals will no longer be required on licence plates in BC. The law change comes after lots of people had their decals stolen. Kyla and Paul react to the news. In a "dark day in Canadian law," a Saskatchewan provincial court determined that mandatory breath testing is constitutionally valid. Kyla and Paul examine the decision. And, as always, there's a new Ridiculous Driver of the Week. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Kyla Lee on

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00:37:41

Episode 119: Law enforcement and Covid-19, breath...

Driving Law ·

2020/08/14

A number of Vancouver police offficers tested positive for Covid-19 after breaking up a party. Do police have the right amount of PPE and, if niot, are they potentially putting people at risk? Kyla and Paul share their thoughts. They also talk about a video shared this week in which shows a VPD team arresting a cyclist after allegedly hitting him with a car. Meanwhile, a recent case has highlighted problems with Canada's laws against refusing a breath test. Follow Kyla Lee on

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00:40:45

Episode 118: Ticket increases, Wildlife Act,...

Driving Law ·

2020/08/07

The BC government has increased the fine for the unsafe opening of a door from $81 to $368. Kyla and Paul discuss this as well as fines for other traffic offences. Did you know the Wildlife Act endows conservation officers with powers to conduct traffic stops? They also have the power to question you about your hunting. But does this violate Charter rights? Paul and Kyla talk about how police gather evidence for excessive noise investigations and inherent problems with their methods. There's also

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00:42:22

Episode 117: Special guests Rebeka Breder and Grant...

Driving Law ·

2020/07/31

Animal law lawyer Rebeka Breder is a brand new guest on this week's show with Kyla Lee. With the hot August long weekend coming up, they discuss what to do if you are confronted by an animal in a hot car. Then, former police officer and forensic traffic consultant Grant Gottgetreu returns to the podcast. He and Kyla talk about wearing masks at roadblocks and what to do if a police officer asks you to remove your mask to see your face. And there's still time for the Ridiculous Driver of the

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00:39:43

Episode 116: Special guest Jan Semenoff, gender...

Driving Law ·

2020/07/24

Jan Semenoff, an expert on breath testing and a former police officer, joins Kyla Lee. They discuss the history of how alcohol breath testing works and the role that gender and age play in breath testing. Then they find out if the law aligns with the science of breath testing and whether this means women and also transgender people are discriminated against as a result. And finally, there's a Ridiculous Driver of the Week. Follow Kyla Lee on Twitter: twitter.com/IRPLawyer Follow Jan Semenoff

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00:44:04

Episode 115: Traffic court, jury trials, proof of...

Driving Law ·

2020/07/17

As traffic court resumes after a significant lockdown-enforced break, Kyla Lee shares her experiences of the measures put in place to prevent the spread of Covid-19. Kyla and Paul continue their discussion of proposed reforms to eliminate jury trials in some cases. They also look at proving lost income in ICBC cases and whether there's an alternative to calling an expert witness to testify about a person's economic opportunities. Finally, there's a new Ridiculous Driver of the Week. Follow

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00:50:25

Episode 114: Counterattack, roadtests, ICBC...

Driving Law ·

2020/07/10

As the police get ready to launch Counterattack roadblocks in BC, Kyla and Paul ask: is it worth the money? And is there a danger of doing them this summer given the Covid-19 outbreak? With news that roadtests are going to resume in BC, Kyla and Paul ponder how to clear the backlog of 55,000 cancelled tests and the Covid-19 measures being put in place for examiners. In other news, ICBC had its knuckles rapped in court for lowballing a plaintiff and are jury trials going to be a thing of the past

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