Every spring we see an increase in 90-day Immediate Roadside Prohibitions issued based on an allegation of refusing to blow. There are a couple of reasons refusal DUIs go up in spring here in British Columbia. On the one hand more people are getting out to enjoy the weather, doing outdoor activities and the police […]
Pollen and roadside breathalyzers Continue Reading »
Understanding the intricacies of breathalyzer testing and its potential implications is crucial in ensuring justice in DUI cases. Here, we delve into a recent study exploring the impact of the volume of air provided during testing on breath alcohol readings. There are numerous factors that can artificially elevate or artificially lower breath alcohol readings when
Can you Influence The Breathalyzer Just By How Much Air You Blow? Continue Reading »
If you receive an Immediate Roadside Prohibition, your first thought may be “how can I fight this?” Then you get online, and you start reading about disputes and the appeal remedy for a 90-day Immediate Roadside Prohibition (IRP). Some of the information the government puts out suggests that you can take your shot at their
The Appeal Remedy for a 90-Day Immediate Roadside Prohibition Continue Reading »
Sometimes legal terms are chosen to make a distinction that doesn’t really exist. A good example of this is the terms we have used in Canada to deal with people who drove while their driving privileges are under suspension. In Canadian federal law we used to refer to a driving prohibition pursuant to the Criminal
Driving while prohibited, suspended, disqualified Continue Reading »
In British Columbia most DUIs are 90-day Immediate Roadside Prohibitions, which are issued based on a roadside breath test taken with a hand-held breathalyzer. In one of Kyla Lee’s recent TikToks she explained why you can get a DUI in BC if you use a vape. We thought we should tell you what the government
Vaping and DUIs Continue Reading »
The Supreme Court of Canada changed the law at the end of June. Most people won’t notice, but for impaired driving lawyers (we’re a small group in this country) it’s big news. The decision involved someone who was prohibited from driving as a result of a bail condition while they were awaiting trial on an
Supreme Court Ruling: Calculating Time Served for a Driving Prohibition Continue Reading »
The behaviour of drivers on the road is governed by numerous pieces of legislation and countless court decisions. It can be difficult to discern the state of the law on any given action or failure to act in the operation of a motor vehicle. The Criminal Code governs driving offences. The Motor Vehicle Act also
A legal moving target: What constitutes dangerous driving? Continue Reading »
Despite it being Distracted Driving Awareness Month in British Columbia, the public auto insurer’s attempts to spread safety messaging are receiving more criticism than being effective in educating the public. Although ICBC has attempted to clarify their intention, they posted a tweet on Monday instructing viewers to “Watch this if you’re unsure about where you
Kyla Lee on CityNews: ICBC called out for distracted driving video Continue Reading »
A video, presented by a member of the ICBC Road Saftey department, claims that having your phone loose on the seat beside you is illegal, but Vancouver lawyer Kyla Lee says this is not an accurate representation of what the province’s cellphone usage while driving law states. “ICBC has, since the law was brought in, taken
In British Columbia there are various DUI impaired driving prohibitions and due to the crossover of federal criminal laws and provincial highway laws it can get a little confusing. Because there are several different types of DUI driving prohibitions, understanding an impaired driving prohibition is more difficult than you might imagine. Plenty of lawyers are
Understanding an impaired driving prohibition Continue Reading »
It is common for people to want to know whether they will win or lose over the phone when they first call us about their drinking-driving case. No lawyer can tell you whether you will win or lose your case over the phone in an initial phone call. The fact is, without reviewing the police
Win or lose over the phone Continue Reading »
Yesterday, the B.C. government announced the proposed changes to ICBC rates. Basically, the proposed changes intend to make bad drivers pay a higher premium while good drivers pay a lower premium. Makes sense right? Well, in theory, and in principle, it makes sense and it is commendable, but I query whether it will have the
ICBC rate changes won’t quell the financial ‘dumpster fire’ Continue Reading »
