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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

00:24:13

Episode 429: Demerits, Dishonesty, and the Dump Truck...

Driving Law ·

2025/11/21

A new episode of Driving Law is now available to stream! 🚙⚖️This week on Driving Law, Paul and I dig into a Nanaimo case where an elderly driver earned 215 demerits on a medical assessment but was still allowed to drive during review. We unpack what “procedural fairness” looks like, why doctors are required to report medical concerns, and why the headlines may not match the law. We also break down a B.C. Supreme Court judicial review involving improperly sworn police documents, troubling U.S

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00:19:30

Episode 428: Supreme Court’s “Goldson” Decision –...

Driving Law ·

2025/11/15

The Supreme Court of Canada has spoken — and it’s not the news we hoped for.This week on Driving Law, Kyla and Paul break down the SCC’s new decisions in Goldson and related cases on the admissibility of breath-test standards, why the “trust us, we’re government” approach undermines fair trials, and what Justice Côté’s dissent could mean for future constitutional challenges. And for the Ridiculous Driver of the Week: a man in Hamilton takes “take the bus” a little too literally — stealing a city

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00:37:14

Episode 427: Refusals, Ambulances, and a Tesla at IKEA

Driving Law ·

2025/11/07

This week on Driving Law, Kyla Lee and Paul Doroshenko unpack a major refusal case out of B.C. that finally tests Saskatchewan’s landmark ruling on intent — does the Crown have to prove a driver meant to fail a breath test?They also dive into a troubling Alberta decision on police eavesdropping in ambulances, what it means for medical privacy, and why passengers might want to tell officers to stay outside. Plus, a Nova Scotia case that narrows mandatory jail rules for impaired causing bodily harm,

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00:34:45

Episode 426: IRP Chaos, Strike Fallout, and the Case...

Driving Law ·

2025/10/31

Kyla Lee and Paul Doroshenko return to unpack the post-strike chaos at RoadSafetyBC. IRP hearings are being rushed, disclosure is delayed, and procedural fairness is on the brink — creating real legal issues for drivers and lawyers alike.They also talk about the ongoing Lapu-Lapu case, trial delays, and this week’s Ridiculous Driver — a woman who crashed an SUV into a hospital waiting room in Cowichan. Stream Episode 426 — “IRP Chaos, Strike Fallout, and the Case That Won’t End.” Check out the

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00:22:03

Episode 425 – Bail Reform, Driving Prohibitions, and...

Driving Law ·

2025/10/24

This week on Driving Law, Kyla Lee and Paul Doroshenko break down Canada’s new bail reform legislation and how it quietly changes the Criminal Code to bring back discretionary driving prohibitions in serious offences like criminal negligence and manslaughter. They explain what this means for drivers, defence lawyers, and why the timing of a plea could make a difference.Kyla also addresses controversy around ICBC’s Indigenous driver support hotline — pushing back on racist commentary and reminding

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00:22:32

Episode 424: “Given, Not Shown”: Breath-Test Rules,...

Driving Law ·

2025/10/18

Kyla and Paul open with Ontario’s R v. Klemp, where a breath-test certificate of a qualified technician was excluded because it was only shown to the accused, not given as the Criminal Code requires—a reminder that if the Crown wants hearsay shortcuts, it must strictly comply. They kick around the disclosure wrinkle of implied-undertaking “ownership” versus the court’s notion of permanent transfer, and how defence counsel might demand an express waiver. Then they unpack Ottawa’s latest “tough on

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00:37:51

Episode 423 — Road Rage, “Xavier’s Law,” and Why Due...

Driving Law ·

2025/10/10

Fresh off a sleepless night thanks to an elderly, opinionated dog, Kyla and Paul dive into a tough week on BC roads and in BC politics. With the public-sector strike still at an impasse, they pivot to a spate of high-profile road-rage cases in North Vancouver, Winnipeg, and Ontario. Kyla explains why we don’t need a new “road-rage law” when the Criminal Code already covers assaults, threats, dangerous driving, and leaving the scene, and offers practical advice: protect your own safety first and keep

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00:23:10

Episode 422: Strikes, Snow Tires, and the Phantom F1

Driving Law ·

2025/10/03

Fresh off a court appearance, Kyla and Paul cover BC’s October 1 snow-tire rule and how routine compliance stops can lawfully lead to mandatory breath demands, then dig into the compounding chaos from ongoing job action: IRP hearings cancelled or pushed without consultation, a court petition filed and served, and a tentative hardship path for temporary licences while the case waits on tribunal reasons. They flag new confusion over where to pay tickets after ICBC reportedly stopped accepting

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00:35:24

Episode 421: IRP Hearings Halted, Government...

Driving Law ·

2025/09/26

This week on Driving Law, Kyla and Paul unpack how BC’s public-sector job action has frozen Immediate Roadside Prohibition hearings and delayed decisions, leaving drivers punished without a path to challenge. They explain why blanket adjournments without dates breach procedural fairness, the legal demands made to the Superintendent and Solicitor General, and a test-case petition filed to push back against government inaction. Finally, the Ridiculous Drivers of the Week are political: BC’s finance

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00:18:48

Episode 420: Making Alcohol Monitoring Fair - Jan...

Driving Law ·

2025/09/19

Kyla is joined by forensic consultant (and former Saskatoon police officer/paramedic) Jan Semenoff to unpack continuous alcohol monitoring—ignition interlocks, SCRAM ankle bracelets, and Soberlink—and why so many people get flagged for “violations” even when they haven’t been drinking. Jan shares real cases (a fleeting 0.031 spike; a SCRAM reading hit by Static Guard on a blanket; bar staff getting ambient-alcohol alerts) to show how products, workplaces, illness, ketosis, and diabetes can confound

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00:29:24

Episode 419: EV Mandate on Ice, Refusal Law Reset,...

Driving Law ·

2025/09/05

Kyla Lee and Paul Doroshenko open with Ottawa’s decision to pause Canada’s 2026 EV sales target and launch a 60-day review. They weigh the policy and trade crosswinds—auto-maker pressure, U.S. tariffs, Chinese EV competition, and new biofuel incentives—asking what a reset means for drivers, enforcement, and the market.They then unpack a fresh Saskatchewan Court of Appeal decision on “refusal” that re-affirms classic criminal-law principles: after a lawful ASD demand, the Crown must still prove a

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00:18:15

Episode 418: Biased Justice, One-Wheel Trouble, and...

Driving Law ·

2025/08/29

This week on Driving Law, Kyla Lee and Paul Doroshenko break down a case that raised eyebrows in Vancouver traffic court. A man riding an electric one-wheel skateboard was fined nearly $600 for operating without insurance, despite the fact that these devices can’t be insured at all. At trial, the judicial justice hearing the case had previously recused himself from similar matters for openly admitting bias against skateboarders—yet allowed this one to proceed, resulting in a conviction. On appeal,

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00:32:35

Episode 417: Class Action Delays, Dangerous Driving...

Driving Law ·

2025/08/22

This week on Driving Law, Kyla Lee and Paul Doroshenko dissect three important developments in driving law and public accountability in BC.They begin with a major delay in the ICBC double billing class action, where a technical objection from the provincial government—challenging the scope of the claim based on how “medical practitioners” was defined—has thrown the case off course. Kyla and Paul criticize the government’s interference, noting how procedural nitpicking is undermining access to

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00:23:33

Episode 416: Pepper Spray Road Rage, Uber’s Big Win,...

Driving Law ·

2025/08/15

This week on Driving Law, Kyla Lee and Paul Doroshenko dive into a fiery road rage case in Surrey, where a driver jumped out, pepper sprayed another motorist, and sped off through a red light—all caught on dashcam. They discuss how the police may pursue charges, what kind of evidence they need, and why some road rage incidents cross the legal line.Next, they analyze a major Supreme Court victory for Uber drivers in Vancouver. The city’s controversial bylaw that charged per-stop fees downtown was

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00:27:07

Episode 415: Roadside Blood Draws at Shambhala,...

Driving Law ·

2025/08/08

This week on Driving Law, Kyla Lee and Paul Doroshenko discuss an unprecedented roadside drug enforcement campaign at the Shambhala Music Festival, where police used a mobile lab to take 24 blood samples on-site — likely a Canadian first. They examine the legal, procedural, and privacy issues this raises for impaired driving investigations.Next, they turn to Edmonton, where police uncovered more than $200,000 in fraudulent insurance claims tied to ten tow truck companies. The case exposes systemic

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00:20:20

Episode 414: Celsius Confusion, Broken Ribs, and the...

Driving Law ·

2025/08/01

This week on Driving Law, Kyla Lee and Paul Doroshenko discuss the legal fallout from a major mix-up in the U.S., where cans of non-alcoholic Celsius energy drink were filled with alcohol. They examine how this could create a viable “involuntary intoxication” defense for unsuspecting drivers who blow over the limit. They also cover a disturbing Alberta case where a Mormon woman was issued a 90-day prohibition after failing to provide a breath sample—despite later discovering she had two broken ribs

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00:28:08

Episode 413: Extended Bar Hours, Police Missteps, and...

Driving Law ·

2025/07/25

This week on Driving Law, Kyla Lee and Paul Doroshenko discuss Vancouver’s decision to extend bar hours to 4 a.m., raising concerns about transit access and impaired driving enforcement at a time when the city’s traffic unit is severely depleted. They explore how the change could affect public safety, particularly in the absence of roadblocks and routine DUI checks.Next, they examine a series of questionable policing decisions involving Constable Keith McCready of the Prince George RCMP, including

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00:24:01

Episode 412: Chewing Tobacco, IRP Statistics, and...

Driving Law ·

2025/07/18

This week on Driving Law, Kyla Lee and Paul Doroshenko unpack a major BC Supreme Court decision that strikes down an Immediate Roadside Prohibition due to flawed and speculative reasoning by the Superintendent’s office.The case involved a driver who claimed that chewing tobacco remained in his mouth during a breath test. The adjudicator dismissed his explanation based on assumptions about police training and stereotypical beliefs about how a person “should” behave. The court rejected this

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00:26:16

Episode 411: Speed, Safety & the Law: Vancouver’s...

Driving Law ·

2025/07/12

This week on Driving Law, Kyla Lee and Paul Doroshenko tackle three pressing issues shaping public safety and traffic policy in Canada.They begin with Vancouver’s proposed 30 km/h speed limit on side streets, part of the Vision Zero push. Paul questions its practicality and lack of enforcement, while Kyla explains why speed isn't the only factor in pedestrian safety—driver behavior is key. Next, they examine the Hinkson Report, released in response to the Lapu-Lapu Day tragedy. The report offers

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00:28:32

Episode 410: EV Vanity, Ferry Fires & Uber’s Union

Driving Law ·

2025/07/04

In this episode, Kyla Lee and Paul Doroshenko dive into Transport Canada’s new restrictions on ferrying damaged electric vehicles, explore the implications of Uber drivers unionizing in Victoria, and share the story of how an RCMP trailer sparked a wildfire due to failed wheel bearings.

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