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Impaired Driving Tag

Immediate Roadside Prohibition Challenge Update

Traffic police isse Immediate Roadside Prohibitions

Around this time last year, a BC Supreme Court judge in Victoria heard a week’s worth of arguments in the constitutional challenge to the third version of British Columbia’s controversial Immediate Roadside Prohibition scheme. Our office participated with another law office to bring about this challenge to the legislation. As you may recall, in April 2016, the BC Government slyly amended the IRP law to reverse the burden of proof. This meant that rather than require the police officer to submit evidence to prove why the prohibition was to be upheld, a person affected by an IRP would have to...

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Wrongly punished for drunk driving

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Wrongful convictions make for great television dramas. Until about 20 years ago, there seemed to be a significant public appetite to improve the justice system to reduce the risk of wrongful punishment and wrongful convictions. But things changed and we see that our federal government is hell-bent on ensuring people are wrongly punished for drunk driving. You only need to look at Bill C-46 for proof of that. The impudence and sheer in-your-face stupid conceit of C-46 could not have come about if we as a society valued the concept of not punishing the innocent. But despite the television dramas,...

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A first look at Dräger DrugTest 5000

When the Federal Government announced the approved drug screening device for use by Canadian police during roadside screening in Criminal Code investigations was going to be the Dräger DrugTest 5000, we immediately shared our reservations. How did we have reservations in the first place? Simple. We had already done our research. We spend a lot of time and money researching the technology used by police in impaired driving investigations so we can provide our clients with the best defence possible. In the ancient words of Sun Tzu, know your enemy. So by the time the announcement was made, we had already...

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A new police power to calculate your past intoxication level is scientifically invalid

Police testing for drunk driving will be able to presume a driver’s past intoxication level based on breath or blood samples under a new amendment to the Criminal Code. Drivers who are tested several hours after the time of driving could still be found to have operated a vehicle while over the legal limit, even if their blood alcohol content (BAC) is under the threshold at the time of the test. The method that will be used to make these presumptions, known as retrograde extrapolation, is scientifically unreliable for a number of reasons. This amendment is not only full of...

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Criminal lawyer Kyla Lee on CKNW with Lynda Steele: marijuana impaired driving law in British Columbia is a mess!

We now know that pot will be legal October 17th!  We have a date but there is so much that we don’t know including how the heck they are going to figure out if someone is high when driving.  At this point, there doesn’t seem to be a reliable way to test.  Our next guest says marijuana-impaired driving law, as it currently stands in British Columbia and under federal criminal law, is a mess! Guest: Kyla Lee - Vancouver criminal lawyer with expertise in DUI, impaired driving & IRP. To listen to the interview, click here....

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Paul Doroshenko on The Shift with Drex

The best calls of the night with our guest Paul Doroshenko, discussing Bill C-46. Mr Doroshenko fielded calls about the decriminalization of marijuana and Bill C-46, which imposes new restrictions on marijuana-impaired driving. There are fears the new legislation could see some drivers convicted of impaired driving, even if they have done nothing wrong. "That's the concern," Mr Doroshenko said. "That the legislation seems to set up – the BC legislation and the government legislation in different ways both are trying to deal with the same thing – just really don't understand the effects of cannabis on the body and whether or not people...

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Bill C-46’s assent means challenging marijuana-impaired driving charges will be more vital than ever

Marijuana is to be legalized in Canada

Unless you have been living under a rock, you probably heard this week that marijuana will officially be decriminalized in the near future. A date of October 17 has been set for when it will be legal across Canada. The Cannabis Act, or Bill C-45, received Royal Assent, meaning it officially passed Parliament. Although the long-talked-about legalization of cannabis dominated the headlines, the bill was just one of a number of pieces of legislation that also passed. One of those pieces of legislation was Bill C-46. Regular visitors to this blog will be aware that we have been highly critical of Bill...

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Kyla Lee on Radio NL: Acumen Law lawyer says there will be lots of details to sort out once legal cannabis arrives

Now that we know when legal cannabis will arrive in Canada, a lawyer with Acumen Law says there will be a lot of wrinkles to iron out once legalization arrives. Kyla Lee says, one of the biggest areas of concern will be how drug-impaired drivers are dealt with. “As the driving issue moves forward we are going to see constitutional challenges related to that. It is going to lead to a lot of litigation and I don’t think our courts are prepared to handle that.” Lee says the second-hand smoke issue will also be problematic. To read the full story, click here....

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Marijuana Arrests: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!

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Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses marijuana arrests. Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada. After being pulled over for speeding, Mr. Lotfy was arrested for the possession of a controlled substance after Constable Innes detected an odour of marijuana and conducted a search of the vehicle. During trial, Mr. Lotfy argued that the officer violated his rights by arresting him...

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Kyla Lee on News 1130: ‘Disturbing’ changes to BC’s impaired driving provisions

While preparing for the federal legalization of marijuana, the provincial government has modified the Motor Vehicle Act to deal with drug-impaired driving. But one lawyer says Victoria is also quietly slipping in changes to the way drinking and driving is dealt with and they take away some of your rights. Vancouver lawyer Kyla Lee is concerned about tweaks to the administrative driving prohibition (ADP) which can be handed out when an officer has “reasonable and probable grounds” to believe that a driver’s blood alcohol concentration exceeded the legal limit within three hours of driving, or that the person refused to provide a blood...

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