Episode 405: Challenging Mandatory Breath Testing and the High Bar for Withdrawing Guilty Pleas

This week on Driving Law, Kyla and Paul examine two compelling legal stories from British Columbia and Saskatchewan. First, they explore a BC Supreme Court case involving a man who paid a speeding ticket after receiving misleading information from ICBC—only to later lose his license due to accumulated penalty points. Kyla and Paul unpack why his attempt to withdraw his guilty plea failed, and how different legal arguments, including officially induced error, might have changed the outcome. Next, they analyze a landmark constitutional challenge to Canada’s mandatory alcohol screening laws. The Saskatchewan Court of Appeal upheld the controversial law under Section 1 of the Charter, despite finding that it infringed on drivers’ rights under Section 8. Kyla and Paul discuss the reasoning behind the majority decision, the sharp dissent warning of potential abuse, and whether this case might head to the Supreme Court of Canada. Check out the 'Lawyer Told Me Not To Talk To You' T-shirts and hoodies at Lawyertoldme.com and 'Sit Still Jackson' at sitstilljackson.com.