Driving Law

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.

  1. Sep 25

    Episode 471: Wrong-Way Drivers, Bad Police Work & Your Right to a Lawyer

    This week on Driving Law, Kyla Lee and Paul Doroshenko discuss two serious wrong-way driving crashes in BC and an Ontario impaired driving decision involving some remarkably bad police work. They begin with two recent wrong-way crashes, including a fatal collision on Highway 1 and a multi-vehicle crash involving a tow truck on the Granville Bridge. Kyla and Paul discuss how these investigations unfold, why charge approval can take so long in serious driving cases, and an unusual police comment about keeping Highway 1 closed longer out of respect for the victims. Next, they break down R. v. Palacios, an Ontario impaired driving case where the judge found serious problems with the officer's evidence and conduct. The officer claimed to have watched the driver go through a yellow light that lasted 12 seconds, used an unofficial "multitasking" test as an indicator of impairment, and then claimed he did not have enough evidence to demand a roadside breath sample despite smelling alcohol. Things only got worse when the driver, who spoke Spanish, tried to understand and exercise his right to a lawyer. The court ultimately found breaches of the driver's Charter rights, excluded the breath readings and acquitted him. Kyla and Paul discuss what the case says about police training, roadside sobriety investigations and why facilitating the right to counsel continues to cause problems. Finally, the Ridiculous Driver of the Week is a Florida woman accused of stealing a police cruiser who then turned her bond hearing into a viral courtroom moment. 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.

  2. Sep 18

    Episode 470: E-Scooter Laws, Constitutional Challenges & BC’s Road Rules

    This week on Driving Law, Kyla Lee and Paul Doroshenko look at the growing legal problems surrounding e-scooters, e-bikes and other personal electric mobility devices in British Columbia. Kyla begins with a constitutional challenge she is currently arguing involving a client ticketed for driving without a licence and insurance while using an electric mobility device that is not permitted on BC roads. The client says the device helps accommodate a disability, raising the question of whether BC's current laws discriminate against people who rely on these devices as mobility aids. Kyla explains the limits of a Provincial Court constitutional challenge and what a successful result could mean for similar cases. That leads into a broader discussion about BC's patchwork of e-scooter and e-bike rules. Municipal leaders at the Union of BC Municipalities are calling for clear, consistent province-wide regulations as the popularity of personal electric transportation continues to grow. Kyla and Paul discuss the confusion created by municipal pilot projects, along with concerns about licensing, insurance, injuries and whether the Motor Vehicle Act has kept pace with new forms of transportation. They also discuss the possibility of political changes delaying any reforms to these laws and why the province may eventually need a more permanent framework for regulating and insuring personal electric mobility devices. Finally, the Ridiculous Driver of the Week takes them to Ontario, where police investigating an alleged motorcycle hit-and-run encountered a rider who appeared ready to flee. Instead of starting a vehicle pursuit, an officer approached on foot and tackled the motorcyclist off the bike. 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.

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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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