On Episode Five of Driving Law with Kyla Lee I sat down with Paul Doroshenko from Acumen Law Corporation. We talked about the changes to ICBC's Driver Risk Premium, which will increase premiums for drivers who are convicted of any high risk offences. And in the second half of the episode, I spoke with Acumen's Agnes Tong about how DUI convictions will impact your ability to enter Canada or remain in Canada as a visitor or Permanent Resident.
You can listen here, subscribe on iTunes, and tune in next week for another episode.
Challenging a traffic ticket for speeding can be difficult. The evidence that an officer must adduce to show that the measurement of speed was accurate is relatively straightforward. And couple an external speed measurement using laser or radar with a speed estimate from the officer, and only a highly skilled person can succeed in traffic court.
Recently, a BC Provincial Court decision showed just how difficult it can be to succeed in these cases.
In last week's episode of Driving Law with Kyla Lee, I sat down with Roy Ho of Acumen Law Corporation to talk about ICBC and insurance breach investigations. In particular, Roy and I discussed how your insurance is affected by impaired driving charges and how ICBC will breach insurance coverage after an impaired driving incident. For anyone affected by an impaired driving case involving an accident, this episode is a must-listen to know whether ICBC will provide coverage in a DUI accident.
In the second half of the episode, Roy and I also discuss the changes to British Columbia's Insurance Vehicle Act and coverage for minor injury claims.
Don't forget as well to vote for me in Canadian Lawyer Magazine's Top 25 Most Influential Lawyers survey.
The Senate is currently considering legislation aimed at targeting the problem of impaired drivers on our roadways. It's a noble goal to be sure. However, the law has the potential to significantly impact small business, and in particular businesses that rely on driving and transportation.
Part of Bill C-46 involves the creation of a criminal law scheme that addresses the potential risks of marijuana-impaired driving. However, the bill proposes adding a new criminal offence of impaired driving at certain blood alcohol concentrations of THC, and imposing particular sentences for these offences. These are known in law as per se limits.
On the third episode of Driving Law with Kyla Lee, I talk to Grant Gotgettreu, a former West Vancouver Police Department Corporal and Integrated Road Safety Unit Corporal about speed estimation, and speed measurement using laser and radar. Grant is known for his history of laser and radar speed enforcement and his unbeaten record of issuing excessive speeding tickets. We also play a hilarious, albeit vulgar, recording of Grant interacting with one particularly unimpressed driver whose car is being impounded. (Free legal advice: don't do that.)
In the second half of the episode, I speak with Paul Doroshenko also of Acumen Law Corporation about the changes to the alcohol-impaired driving laws being quietly added in with the marijuana amendments.
As strange as it feels to write a blog post about myself, I suppose there is no harm in writing that I've been nominated for Canadian Lawyer Magazine's Top 25 Most Influential Lawyers. You can see the list of many deserving nominees at the link, and vote in five separate categories.
I was nominated in the Young Influencer category, which recognizes young lawyers who have had a particular influence on the law or the profession in the past year to year and a half. Although I do not feel like a young lawyer any longer, I really have not been a lawyer that long. However, in my almost six years of practice I have had the opportunity to testify before two parliamentary committees and the Senate as an expert witness in criminal law. I have a significant number of reported decisions in the area of administrative law, Immediate Roadside Prohibition, and criminal law.
Heck, I changed the law in relation to disclosure applications in drug trials recently.
So I guess I have had some influence, in a small way.
I doubt I'll be selected when up against so many distinguished and far more deserving candidates. But it is an honour to be nominated. And I would totally solicit votes if you want to vote for me.
Episode two of the Driving Law with Kyla Lee podcast is here. On this episode, I speak with former British Columbia Solicitor General and West Vancouver Police Department Chief of Police Kash Heed about impaired driving investigations, how we got the Immediate Roadside Prohibition scheme, and the pitfalls of rewarding police for issuing driving prohibitions.
You can find the podcast on SoundCloud at this link.
In a move that resembles what the Federal Government did with its overhaul of impaired driving laws, the Provincial Government has hidden some very disturbing changes to the alcohol-impaired driving provisions in the new law addressing cannabis-impaired driving.
Of course, the legislation was tabled with a variety of bills, all of which were designed to create a regulatory framework for cannabis legalization in British Columbia. So it was no surprise that the media did not notice or report on the surreptitious tweaks made to alcohol impaired driving provisions in the Motor Vehicle Act.
But I did. And I’m here to explain them, and why they are seriously problematic.
Voting for the Bencher by-election is underway and if you’re planning to cast your ballot this weekend you have a decision to make about which direction The Law Society should take. You can go for more of the same. Or, you can choose to bring a fresh voice to the Law Society who cares about the needs of all lawyers.
As a relatively young member of the bar, I will ensure all lawyers are well-represented at Bencher meetings. I aim to affect real change by bringing my unique perspective and experiences as a young criminal defence lawyer.
This morning, the Provincial Government finally unveiled its regulatory framework for dealing with the issue of marijuana-impaired driving, come legalization of recreational cannabis. The purpose of this blog post is to explain the changes to BC’s Motor Vehicle Act that are being proposed to deal with cannabis legalization. And, as usual, to offer my opinion on why these changes are not appropriate or effective.
Vancouver Criminal Lawyer with a focus on impaired driving, marijuana legalization and related issues, and immediate roadside prohibition defence.