Driving Law

Kyla and Paul discuss changes to the procedure of challenging the reliability of breathalyzer results. Also, could burping inadvertently lead to incorrect breathalyzer readings? Kyla and Paul talk about the possibility of wrongful drunk driving convictions as a result of acid reflux. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko www.acumenlaw.ca www.vancouvercriminallaw.com

A successful appeal by Acumen lawyers Brandon Moscoe and Emma Wilson has implications for driving law in British Columbia. Kyla Lee and Paul Doroshenko discuss disciplinary actions after a West Vancouver police officer was caught sexting domestic abuse victims. Also, ICBC is cutting redirecting half of its advertising budget to traffic enforcement and a tragic Edmonton driving law case creates cause for concern. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko www.acumenlaw.ca www.vancouvercriminallaw.com

Special guest Erik Magraken, personal injury lawyer and author of the BC Injury Law and ICBC Claims Blog, joins Kyla to talk about the changes to 'minor' injury claims policy. Listen to how BC drivers are in for a 'rude awakening' next year. Also, Kyla and Paul talk about recently introduced ride-hailing legislation. Are there too many restrictions to attract companies like Uber? Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko Follow Erik Magraken on Twitter: twitter.com/erikmagraken www.acumenlaw.ca www.vancouvercriminallaw.com

Kyla Lee and Paul Doroshenko share their thoughts on proposals to restrict trucks to the right-hand lane on certain sections of the Coquihalla Highway. Kyla and Paul make a big splash when they dive into the topic of impaired canoeing. They also take a look at what's happened one month on from cannabis legalization. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko www.acumenlaw.ca www.vancouvercriminallaw.com

Paul and Kyla dive into the topic of changes to the speed limit on BC's highways. They also discuss the new offence of having loose cannabis in the car. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko www.acumenlaw.ca www.vancouvercriminallaw.com

Nizar Shajani, a forensic toxicologist, and Jan Semenoff, an expert witness and former police officer, join Kyla Lee for some debate. In a recent decision, the Supreme Court Court ruled that Crown is not obliged to routinely disclose breathalyzer maintenance records to the defence. Nizar and Jan present conflicting opinions on the ruling in a lively episode. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer www.acumenlaw.ca www.vancouvercriminallaw.com

Some big changes are in store for drivers in Canada. Significant amendments to alcohol-impaired driving legislation will come into effect in December. Continuing their discussion from last week, Kyla and Paul outline what's to come. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko www.acumenlaw.ca www.vancouvercriminallaw.com

Important changes to the Criminal Code relating to impaired driving have been made – and probably not just the ones you've heard about. Kyla and Paul discuss topics related to saliva testing, standard field sobriety testing, and more. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko www.acumenlaw.ca www.vancouvercriminallaw.com

Paul Doroshenko returns after a couple of weeks off to talk to Kyla Lee about plans to change speed limits in BC. Also, there's reaction to news that charges have been laid against the trucking company involved in the Homboldt Broncos bus crash. Lawyer Roy Ho, of Acumen Law, then joins the podcast to talk about ICBC's recent announcement that it will start charging a fee if you occasionally let someone else drive your car. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko Follow Roy Ho on Twitter: twitter.com/RoyAcumenLaw www.acumenlaw.ca www.vancouvercriminallaw.com

This week's episode probably features the most in-depth information on cannabis impairment and driving available in a podcast. Special guest Ron Moore, a lawyer and toxicologist, breaks down the issue with Kyla as they look ahead to some of the new laws coming into effect once recreational marijuana is legalized on October 17. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer www.acumenlaw.ca www.vancouvercriminallaw.com References: 1) Marijuana-Impaired Driving, A Report to Congress, DOT HS 812 440, National Highway Traffic Safety Administration, 2017. 2) Logan, B., Kacinko, S.L., and Beirness, D.J.; An Evaluation of Data From Drivers Arrested for Driving Under the Influence in Relation to Per Se Limits for Cannabis, AAA Foundation for Traffic Safety, May 2016. 3) Drug and Alcohol Crash Risk, DOT HS 812 117, National Highway Traffic Safety Administration, 2015. 4) Romano, E., Torres-Saavedra, P., and Voas, R.; Drugs and Alcohol: Their Relative Crash Risk. J. Stud. Alcohol Drugs 75: 56-64 (2014). 5) Longo, M.C., Hunter, C.E., Lokan, R.J., White, J.M., and White, M.A.; The Prevalence of Alcohol, Cannabinoids, Benzodiazepines, and Stimulants among Injured Drivers and their Role in Driver Culpability: Part II: The Relationship Between Drug Prevalence and Drug Concentration, and Driver Culpability. Accident Analysis and Prevention 32:623-632 (2000). 6) Drugs and Human Performance Fact Sheets; DOT HS 809 725, National Highway Traffic Safety Administration, 2004. 7) Declues, K, Perez, S., and Figueroa, A.; A 2-Year Study of D 9-tetrahydrocannabinol Concentrations in Drivers: Examining Driving and Field Sobriety Test Performance, J. Forensic Sci. 61:1664-1670 (2016). 8) Papafotiou, K., Carter, J.D., and Stough, C.; The Relationship Between Performance on the Standardized Field Sobriety Tests, Driving Performance, and the Level of D 9-tetrahydrocannabinol (THC) in Blood, Forensic Science International 155:172-178 (2005). 9) Papafotiou, K., Carter, J.D., and Stough, C.; An Evaluation of the Sensitivity of the Standardized Field Sobriety Tests (SFSTs) to Detect Impairment Due to Marijuana Intoxication, Psychopharmacology 180:107-114 (2005). 10) Bosker, W., et al.; A Placebo-controlled Study to Assess Standardized Field Sobriety Tests Performance during Alcohol and Cannabis Intoxication in Heavy Cannabis Users and Accuracy of Point of Collection Testing Devices for Detecting THC in Oral Fluid, Psychopharmacology 223:439-446 (2012). 11) Downey, L., et al.; Detecting Impairment Associated with Cannabis with and without Alcohol in the Standardized Field Sobriety Tests, Psychopharmacology 224:581-589 (2012). 12) O’Dell, M., et al.; Residual Cannabis Levels in Blood, Urine, and Oral Fluid Following Heavy Cannabis Use, Forensic Science International 249:173-180 (2015).

The special guest this week is Seattle DUI lawyer Scott Wonder who joins Kyla for an interesting discussion about how driving law intersects with aviation. Paul Doroshenko also returns for a chat about recent announcements from various police departments regarding the Dräger DrugTest 5000. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko www.acumenlaw.ca www.vancouvercriminallaw.com

In this episode, Kyla and Paul discuss noise detection devices which could be coming to a BC intersection near you. There's a recap of Acumen Law's Talk Like a Pirate Day fun. Kyla and Paul also talk about their trip to Ottowa to testify at the House of Commons Justice Committee about Bill C-75. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko www.acumenlaw.ca www.vancouvercriminallaw.com

Kyla speaks to cannabis activist and author, Dana Larsen about cannabis-impaired driving as well as cannabis legalization in general. Cannabis-impaired driving legislation does not just impact driving law, it has an effect on wider issues to do with of legalization. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Dana Larsen on Twitter: twitter.com/DanaLarsen www.acumenlaw.ca www.vancouvercriminallaw.com

Freshly-minted lawyer Emma Wilson joins Kyla Lee to discuss how traffic tickets disproportionately impact drivers with a low income. Is the crackdown on cell phone use while driving a cash grab that's hitting poorer drivers more harshly? Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Emma Wilson on Twitter: twitter.com/EmmaAcumenLaw www.acumenlaw.ca www.vancouvercriminallaw.com

Join Paul Doroshenko and Kyla Lee as they chat about the latest goings on in the world of driving law. This week, they discuss the Federal Government approving the Dräger DrugTest® 5000 for use by Canadian police for roadside screening in Criminal Code investigations. There's also interesting debate around motorcycles and automation. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko www.acumenlaw.ca www.vancouvercriminallaw.com

Kyla Lee and Paul Doroshenko respond to some questions they are frequently asked by clients in this week's episode. There's also discussion of how police search for prohibited drivers. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko www.acumenlaw.ca www.vancouvercriminallaw.com

This week's podcast comes to you from inside Paul Doroshenko's car. Kyla Lee joins him to discuss distracted driving. Lawyer Roy Ho, of Acumen Law, then speaks to Kyla about the recently announced changes to ICBC's insurance rates. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko Follow Roy Ho on Twitter: twitter.com/RoyAcumenLaw www.acumenlaw.ca www.vancouvercriminallaw.com

This week is a podcast extravaganza about animals and the law. Camille Labchuk, executive director of Animal Justice and co-host of the Paw and Order podcast, joins Kyla to explore the interesting intersections of animal law and driving law. Also, a Supreme Court of Canada decision could impact a number of traffic court cases. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Camille Labchuk on Twitter: twitter.com/camillelabchuk www.acumenlaw.ca www.vancouvercriminallaw.com

Kyla Lee is joined by Paul Doroshenko to discuss the roadside saliva testing device that was selected for drug impaired driving tests and a recent judgment on a case involving a cellphone. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko www.acumenlaw.ca www.vancouvercriminallaw.com

Kyla Lee is joined by special guest Tim Schewe who shares his valuable insights. Tim is a retired police officer who now runs DriveSmartBC, an educational resource for drivers in British Columbia. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer DriveSmartBC website: www.drivesmartbc.ca Follow DriveSmartBC on Twitter: twitter.com/DriveSmartBC www.acumenlaw.ca www.vancouvercriminallaw.com

Retired police constable Grant Gottgetreu returns to the podcast to provide insights into police procedures. Kyla and Paul also discuss police disciplinary procedures and ponder whether the police could ever subpoena your smartwatch. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko www.acumenlaw.ca www.vancouvercriminallaw.com

In this week's instalment, Paul and Kyla talk about the implications of Greyhound's decision to close almost all of its services in BC on driving law. There's reaction to news a semi-truck driver involved in the Humboldt Broncos bus crash has been charged with multiple counts of dangerous driving. Also up for discussion is ICBC and the issue of privatization. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko www.acumenlaw.ca www.vancouvercriminallaw.com

Co-hosts Kyla Lee and Paul Doroshenko dissect the latest developments in driving law. This week, they discuss the recent report into money laundering in BC and how it relates to cars. They also talk about an accident involving an RCMP officer who was issuing a distracted driving ticket as well as the announcement of a $1 million drug impairment study. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko www.acumenlaw.ca www.vancouvercriminallaw.com

Paul and Kyla discuss a recent BC Court of Appeal decision where the constitutionality of mandatory vehicle impounds was challenged. Also, a man made an application to a sample of blood that he had surrendered to police for analysis returned. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko www.acumenlaw.ca www.vancouvercriminallaw.com

Kyla speaks to lawyer Jonathan Fisher who has defended approximately 25,000 traffic tickets in Virginia, USA. Kyla and Paul discuss the official announcement regarding the legalization of cannabis as well as the passing of Bill C-46 which imposes new marijuana-impaired driving regulations. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko Follow Jonathan Fisher on Twitter: twitter.com/fisherlegal www.acumenlaw.ca www.vancouvercriminallaw.com

Lawyers Kyla Lee and Paul Doroshenko are in Arlington, Texas, for a course on blood testing for drugs and alcohol. Lawyer Joe McGrath from Richmond, Virginia, joins Kyla to talk about some of the differences between impaired driving cases in Canada and the US. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko www.acumenlaw.ca www.vancouvercriminallaw.com

Hosts Kyla Lee and Paul Doroshenko break down all things related to motoring law. This week, a recent scandal in Australia raises the issue of random breath testing. The topic of blood testing in impaired driving cases is discussed. Also, there's some big news as Paul and Kyla are to be trained in the science of blood testing, giving them access to rare knowledge most lawyers do not possess. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko www.acumenlaw.ca www.vancouvercriminallaw.com

Special guest Paul Doroshenko joins Kyla Lee to discuss a range of driving-related topics. Bill S251 could fulfil the government's promise to get rid of mandatory minimum sentences. What do self-driving cars mean for the future of traffic enforcement? Also, Kyla lays out some driving-related offences under the new Cannabis Act. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko www.acumenlaw.ca www.vancouvercriminallaw.com

Kyla Lee sits down with Ian Tootill, co-founder of SENSE BC (Safety by Education Not Speed Enforcement) to discuss how the organization came to be, speed limit reviews and left lane laws, in particular the frustration towards drivers who don't understand the concept "keep right except to pass"... They also provide their insights on how ICBC desperately needs a penalty point system overhaul, ICBC lying about statistics on accidents caused by cell phone use and of course... road rage. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow SENSE BC on Twitter: twitter.com/SenseBC Check out SENSE BC on Facebook: facebook.com/sensebc www.acumenlaw.ca www.vancouvercriminallaw.com

Kyla Lee presents a real mixed bag of topics in this week's episode. Lawyer Paul Doroshenko joins her to discuss recently passed changes to ICBC including Driver Risk Premiums increasing by 20% for excessive speeding, cellphone use and impaired driving. In lighter news, there's the case of a US man who was recently tasered and arrested after he got intimate with the tailpipe of his car – so that's a thing now. Lawyer Agnes Tong is on hand to answer questions regarding immigration and its relation to driving law. Finally, Kyla takes a look at inadmissibility for drug driving suspicions. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko www.acumenlaw.ca www.vancouvercriminallaw.com

This week's episode is all about the Insurance Corporation of British Columbia (ICBC) and motor insurance claims. Joining Kyla Lee to talk about this topic is lawyer and ICBC expert Roy Ho of Acumen Law. Topics of discussion include proposed changes to ICBC policy that would make such things as checking your phone grounds to void your insurance cover. Follow Kyla Lee on Twitter: twitter.com/IRPLawyer Follow Roy Ho on Twitter: twitter.com/RoyAcumenLaw www.acumenlaw.ca www.vancouvercriminallaw.com

Joining Kyla Lee this week is special guest Grant Gottgetreu. The former police officer, who earned the nickname the "robot vulture", provides valuable insights into speed enforcement. Topics of discussion also include the fallibility of speed measurement devices. Also with Kyla is lawyer Paul Doroshenko, QC, to discuss the BC government's proposed Bill 17 and what it could mean for drug-impaired driving laws in the province. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko www.acumenlaw.ca www.vancouvercriminallaw.com

Kyla Lee is joined by special guest Kash Heed, former BC government politician and ex-chief constable of the West Vancouver Police Department. Follow Kyla Lee on Twitter: twitter.com/IRPlawyer www.acumenlaw.ca www.vancouvercriminallaw.com

Driving lawyer Kyla Lee breaks down the latest legal developments affecting drivers in British Columbia and Canada. Joining her for this inaugural episode is fellow lawyer Paul Doroshenko, QC. In this episode, they discuss: Bill C-75 and what it could mean for motorists, plans to make distracted driving a breach term for insurance, roadside testing for marijuana impairment, and more. Follow Kyla Lee on Twitter: https://twitter.com/IRPlawyer Follow Paul Doroshenko on Twitter: twitter.com/PaulDoroshenko www.acumenlaw.ca www.vancouvercriminallaw.com