Kyla Lee is famous not just for DUI defence, but because she wrote the book on 90-day IRP defence. The Immediate Roadside Prohibition legal scheme has been around for more than 10 years. We started defending these cases from the day the law came out and Kyla has successfully defended IRPs for people from all corners of British Columbia.
Kyla became so well known for her innovative defences that ultimately, she was asked to write a book for lawyers on Immediate Roadside Prohibitions. Her book, Immediate Roadside Prohibitions in Western Canada, is the authoritative text on the law concerning roadside driving suspensions for drinking and driving. It was published in February 2021, by LexisNexis, the leading publisher of text and reference books for lawyers.
The only legal textbook on the subject, Immediate Roadside Prohibitions in Western Canada, covers the B.C. statutory scheme including the changes to the law to make it Charter compliant, the successful and unsuccessful challenges and the meat and potatoes of an IRP review including the relevant case law.
For the Alberta and Saskatchewan legal schemes, Kyla reviews the legislation and discusses practical considerations for lawyers defending their clients under these new laws.
In each case it starts with police involvement. Key to the review of an IRP is consideration of the triggering event. The investigation proceeds to an ASD demand and issues with respect to lawfulness of the demand are at the forefront.
When it comes to the breath tests themselves, questions about the reliability of the result always arise, particularly when proper procedure is not followed. Any lawyer defending these cases must be prepared to calculate whether the driver is under the limit despite the results. Kyla touches on the science and practical concerns as well as the accepted defences regarding the admissibility of police evidence.
Kyla Lee wrote the book on IRP defence and she continues to defend Fail, Warn and alleged refusal Immediate Roadside Prohibitions for drivers from every city and town in British Columbia.
If you have received a driving prohibition from a drunk driving investigation anywhere in BC, pick up the phone and give us a call. If you are serious about it, Kyla Lee, the woman who wrote the book on IRP defence, can take your case.
I was pulled over and then found to have 0 booze in my blood and was given many toads side tests. I was in Nelson with my son whom has mental illness and was with mental health most of the day. The time was around 3 pm and we were going for slushies and then hi ome we saw the road block,but I had no reason to go in another direction because I had never been fined,had an accident or anything like that ever. I was tested for alcohol (0%) and had repeatedly given physical tests. I was jailed and van towed, and my son walked around with no knowledge of the city. 5to 6 months later I was dropping off water to grand forks tent city and the same police officer pulled me over and said I had 7 days and then I was going to get a prohibited license. I did a review but I don’t think I could have done it worse, I didn’t add that as a kid I had rickettes,contacts and I had consumed some meth but had eaten and slept and it was 2 days prior. I drve for my dad (year old) son ( many doctors appointment s and mom who has never had a license and is terminally ill with 3 different types of cancer.