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Driving Law

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Rating
★★★★★
5
from
1 reviews
Categories
Country
Canada
This podcast has
411 episodes
Language
English
Publisher
Driving Law
Explicit
No
Date created
2018/05/08
Latest episode
2026/04/17
Average duration
30 min.
Release period
8 days

Description

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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Driving Law Episode 448: Impaired Driving Causation + AI Legal Risks
2026/04/17
This week on Driving Law, Paul Doroshenko is joined by articling student Alice while Kyla Lee is away, tackling several important developments in impaired driving law. They break down a B.C. Supreme Court decision on causation in impaired driving causing bodily harm, where the court confirmed that impairment alone is not enough—there must be a causal connection between the impairment and the accident. They also discuss a Court of Appeal update on Dancho, highlighting the risks of handling traffic matters without legal advice, and explore a growing issue in modern law: whether conversations with AI are protected (spoiler—currently, they are not). Plus, a Ridiculous Driver of the Week involving a Tesla autopilot incident at a railway crossing. 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.
Driving Law Episode 447: Breath Test Disclosure Win + Right to Counsel Expands
2026/04/10
This week on Driving Law, Kyla Lee and Paul Doroshenko discuss several important impaired driving decisions, including a Quebec case confirming that proof of a qualified technician’s designation and training must be disclosed to the defence—despite recent Supreme Court rulings streamlining evidence. They also examine a key Ontario decision involving language barriers, where the failure to provide an interpreter resulted in a complete exclusion of evidence, and another case reinforcing that the right to counsel must be implemented without delay—even if privacy cannot immediately be guaranteed roadside. Plus, a Ridiculous Driver of the Week involving a school bus narrowly avoiding a devastating collision with a train. 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.
Driving Law Episode 446: Supreme Court Clarifies Police Entry onto Private Property + Tesla Self-Driving Risks
2026/03/27
This week on Driving Law, Kyla Lee and Paul Doroshenko break down the Supreme Court of Canada’s decision in R v Singer, addressing when police can enter private property without a warrant. The Court held that police may enter property for the purpose of communicating with an occupant, but not for gathering evidence—drawing a difficult and highly fact-specific distinction that will shape future impaired driving investigations. The episode also explores a recent case involving a driver attempting to overturn a guilty plea for distracted driving due to misunderstanding demerit points, and what the Court of Appeal had to say about collateral consequences. Plus, a discussion on vehicle safety and whether crash testing has historically failed to account for women, and a Ridiculous Driver of the Week involving a Tesla driver allegedly asleep behind the wheel using self-driving mode. 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.
Driving Law Episode 445: Supreme Court Expands Police Powers on Private Property (R v Singer)
2026/03/21
This week on Driving Law, Kyla Lee and Paul Doroshenko break down a major Supreme Court of Canada decision in R v Singer, addressing whether police can enter private property to investigate impaired driving complaints. The Court ruled that police may enter onto private property for the purpose of communicating with an occupant, but not for the purpose of gathering evidence. The decision draws a fine distinction between communication and investigation, leaving significant uncertainty about how the rule will be applied in practice. The episode explores what this means for drivers, how defence lawyers can challenge police conduct going forward, and what steps individuals can take to protect their privacy rights. Plus, the Ridiculous Driver of the Week features a vehicle modified with full window drapes instead of tint. 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.
Episode 444: Right to Counsel Violations, Tracking Warrants & Impaired Driving Law Updates
2026/03/13
This week on Driving Law, Kyla Lee flies solo while Paul recovers from illness and discusses her new British Columbia Impaired Driving Newsletter, which highlights important impaired driving cases and legal developments each week. Kyla breaks down a troubling impaired driving case where police delayed an Approved Screening Device demand to ask incriminating questions and then misled the accused about the availability of her lawyer of choice. The court ultimately excluded the breath samples due to serious Charter violations. She also examines proposed federal legislation that could expand police tracking warrants and lower the legal threshold for obtaining them, raising significant privacy concerns. Finally, Kyla discusses a sentencing appeal involving driving prohibitions and how changes to the Criminal Code mean time spent under bail conditions no longer counts toward a driving prohibition after conviction. 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.
Driving Law Episode 443: Hit and Run Claims, Breath Test Refusals & a Police Cruiser on a Trailer
2026/03/06
This week on Driving Law, Kyla Lee and Paul Doroshenko discuss a major Court of Appeal decision involving ICBC hit-and-run claims and whether victims must investigate crashes themselves in order to obtain compensation. The court ultimately rejected the idea that injured drivers should conduct their own investigations when police efforts have already failed to identify a suspect. They also examine a judicial review involving a roadside breath test refusal and the difficulties drivers face challenging Immediate Roadside Prohibitions. The discussion highlights how credibility assessments and vague roadside statements can be used to uphold driving prohibitions, raising broader concerns about fairness in the system. Plus, the Ridiculous Driver of the Week features an unbelievable police pursuit where a cruiser ends up high-centered on a trailer before another officer attempts a PIT maneuver. 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.
Driving Law Episode 442: VPD Training Academy, Traffic Court Appeal & Motorcycle Flight Case
2026/02/27
This week on Driving Law, Kyla and Paul discuss Vancouver’s decision to create its own in-house police training academy and what that could mean for policing standards and institutional knowledge in B.C. They also break down a traffic court appeal involving a distracted driving ticket and cross-examination fairness, and analyze an Alberta motorcycle case where a rider claimed he couldn’t hear police sirens because he modified his exhaust. With motorcycle season approaching and distracted driving enforcement month underway, this episode covers key legal principles drivers need to know. Plus, several Ridiculous Drivers of the Week — including a train barricade crash and a motorcycle flight gone wrong. 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.
Episode 441: Supreme Court Right to Silence Case, Clearview AI Banned & Privacy Breaches
2026/02/20
This week on Driving Law, Kyla Lee discusses appearing at the Supreme Court of Canada on behalf of Women in Canadian Criminal Defence (WiCCD) in a case about compelled accident statements and the right to silence. The episode explores how roadside detention laws disproportionately impact women and marginalized people. Kyla and Paul also break down a major B.C. Court of Appeal decision upholding the Privacy Commissioner’s authority to ban Clearview AI’s facial recognition scraping in British Columbia, and discuss privacy breaches connected to the Lapu-Lapu Day tragedy. Plus, a Florida Jaguar driver wedges a convertible under a school bus and somehow survives — Ridiculous Driver of the Week. 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.
Episode 440: Nunavut Constitutional Challenge & Paralegals in Traffic Court
2026/02/13
This week on Driving Law, Kyla Lee and Paul Doroshenko break down a constitutional challenge out of Nunavut arguing that mandatory driving prohibitions amount to cruel and unusual punishment for Inuit hunters. They also analyze a major B.C. impaired driving decision involving multiple Charter breaches and what it means for roadside investigations going forward. Plus, a discussion about proposed changes to allow paralegals to handle serious driving offences — and Florida earns Ridiculous Driver of the Week. 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. 1a19e590-0c39-11f1-a3e7-b95b31a367d1
Episode 439: Police Corruption, Database Abuse, and Cell Phone Use While Driving
2026/02/06
This week on Driving Law, Kyla Lee and Paul Doroshenko unpack a major Toronto police corruption scandal involving allegations of organized crime, database abuse, and violent criminal activity. The episode explores why unrestricted access to police databases poses serious risks to privacy, accountability, and the rule of law. They also break down a new BC Court of Appeal decision confirming that simply holding a cellphone while driving counts as “use” under the Motor Vehicle Act, and whether a necessity defence could ever apply in those circumstances. Plus, a Ridiculous Driver of the Week involving mechanics racing customers’ cars at extreme speeds on Highway 1. A timely discussion on police powers, civil liberties, and traffic enforcement in 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.
Driving Law Ep. 438: Blinding Headlights, Parking Tickets & Impaired Driving Myths
2026/01/30
This week on Driving Law, Kyla and Paul dig into a packed week of driving law issues, including growing concerns over dangerously bright LED headlights, a Saskatchewan decision confirming necessity as a defence to a parking ticket, and new survey data on impaired driving enforcement in Canada. They also break down why public perception doesn’t always match legal reality when it comes to IRPs, interlocks, and roadside enforcement. Plus, a local Ridiculous Driver of the Week involving impaired drivers picking up… other impaired drivers. 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.
Episode 437: Random Traffic Stops, Racial Profiling, and the Supreme Court’s Reckoning
2026/01/23
This week on Driving Law, Kyla Lee and Paul Doroshenko break down a major Supreme Court of Canada hearing that could fundamentally change police powers to conduct random traffic stops. At the centre of the case is Lumumba, a challenge rooted in repeated arbitrary stops and clear evidence of racial profiling. The discussion explores whether individual Charter remedies are enough to address a systemic problem, how subconscious bias plays a role in policing, and whether highway safety can still justify unfettered stop powers decades after they were first approved. The episode also looks at data-driven traffic enforcement, the limits of police discretion, and another classic B.C. overpass strike in Ridiculous Driver of the Week. 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.
Episode 436: Supreme Court to Hear Impaired Driving Death Case, Fines, and Surveillance
2026/01/16
The Supreme Court of Canada has granted leave in a major impaired-driving case that could reshape how “causing death” offences are interpreted. This week on Driving Law, Kyla Lee and Paul Doroshenko break down why the case matters, how Parliament rewrote the offence, and why the absence of a causation requirement raises serious fairness concerns. The episode also looks at a Saskatchewan decision on mandatory victim fine surcharges, why courts say they’re constitutional despite harsh outcomes, and a key privacy update after the Information and Privacy Commissioner ordered Richmond to shut down traffic-camera surveillance. The Ridiculous Driver of the Week heads to Georgia, where a suspect thought a golf cart was the perfect getaway vehicle. Listen now on all streaming platforms. 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.
Episode 435: Supreme Court Ends Mandatory Breath Test Challenge & Police Surveillance Concerns
2026/01/10
A major Charter challenge hits a wall as the Supreme Court of Canada declines to hear the case on mandatory roadside breath testing. This week on Driving Law, Kyla Lee and Paul Doroshenko explain why the decision effectively ends the legal fight over mandatory ASD demands — and what it means for drivers going forward. The discussion also turns to growing concerns around police surveillance, as a Surrey city councillor proposes expanded police access to traffic cameras, raising serious privacy and overreach questions. The episode wraps with a troubling story involving political influence, roadblocks near a golf course, and why transparency still matters in policing decisions. Listen now on all streaming platforms. 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.
Episode 434: Mandatory Alcohol Screening Expands, Right to Silence Case, and a Driver Asleep at the Wheel
2026/01/02
A new year brings new developments in driving law. This week on Driving Law, Kyla Lee and Paul Doroshenko break down Saskatchewan police officially implementing mandatory alcohol screening and why British Columbia continues to resist widespread use of the practice. They also discuss a significant Ontario case reinforcing the right to silence, concerns around police questioning after arrest, and what drivers actually need to know about speaking to police. Plus, the first Ridiculous Driver of 2026 — a driver who wasn’t really driving at all — raises serious questions about police response, vehicle technology, and the future of road safety. Listen now on all streaming platforms. 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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