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.
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.
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.
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.
The biggest hint to date about what British Columbia’s drug-impaired driving scheme is going to look like is finally here. Solicitor General Mike Farnworth was quoted in The Province today as saying that a legislative scheme not unlike the Immediate Roadside Prohibition scheme might soon become a reality.
It’s nice to know he’s creating a new prohibition scheme when the one that he criticized while in opposition remains unrepaired.
But what the article in The Province hints at is that roadside testing will be done by way of saliva testing. And this is inherently problematic.
Today, RoadSafetyBC made a major announcement regarding how it is going to start dealing with cases of street racing and stunt driving. You can read the announcement here.
At first blush, it sounds great for road safety. The Government makes it sound as though the current system allows only for fifteen-day prohibitions for street racing or stunt driving, and that these will now be replaced with longer prohibitions, between three and thirty six months, after this type of driving behaviour is observed. The problem with this announcement is that it sorely misrepresents the current state of affairs, and it misleads the public about why this action is being taken.
To understand this issue it’s necessary to understand the current system.
In my last blog post, I wrote about how the Government’s proposed changes to the drunk driving laws will reduce your defences by limiting the disclosure that is available to you. This week, I am going to write about another significant limit on your defences, and that is the fact that the Government is eliminating the defences related to when you drank, and when you drove.
By eliminating this, what we can see is that the Government wants you to have a criminal record for drinking and driving, even if you have done nothing wrong.
On Thursday, the Liberal Government revealed its plan for marijuana legalization. Surprising to many was the fact that the Liberals introduced this as part of an omnibus bill that makes amendments to other parts of the Criminal Code, including the impaired driving legislation. Omnibus bills were commonly criticized by them as tactics used by their predecessor to pass bad legislation. These proposed changes also hide some of the more disturbing aspects the Government has introduced in furtherance of its stated goal to legalize marijuana.
I am deeply disturbed by changes that the Government has proposed, in particular the proposal to conduct random breath tests of drivers.
Over the next few blog posts, I am going to share some of my views on this proposed legislation and why I believe it to be constitutionally deficient.
Vancouver Criminal Lawyer with a focus on impaired driving, marijuana legalization and related issues, and immediate roadside prohibition defence.