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This week on Driving Law, Kyla Lee and Paul Doroshenko discuss two serious wrong-way driving crashes in BC and an Ontario impaired driving decision involving some remarkably bad police work.
They begin with two recent wrong-way crashes, including a fatal collision on Highway 1 and a multi-vehicle crash involving a tow truck on the Granville Bridge. Kyla and Paul discuss how these investigations unfold, why charge approval can take so long in serious driving cases, and an unusual police comment about keeping Highway 1 closed longer out of respect for the victims.
Next, they break down R. v. Palacios, an Ontario impaired driving case where the judge found serious problems with the officer's evidence and conduct. The officer claimed to have watched the driver go through a yellow light that lasted 12 seconds, used an unofficial "multitasking" test as an indicator of impairment, and then claimed he did not have enough evidence to demand a roadside breath sample despite smelling alcohol. Things only got worse when the driver, who spoke Spanish, tried to understand and exercise his right to a lawyer.
The court ultimately found breaches of the driver's Charter rights, excluded the breath readings and acquitted him. Kyla and Paul discuss what the case says about police training, roadside sobriety investigations and why facilitating the right to counsel continues to cause problems.
Finally, the Ridiculous Driver of the Week is a Florida woman accused of stealing a police cruiser who then turned her bond hearing into a viral courtroom moment.
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.
They begin with two recent wrong-way crashes, including a fatal collision on Highway 1 and a multi-vehicle crash involving a tow truck on the Granville Bridge. Kyla and Paul discuss how these investigations unfold, why charge approval can take so long in serious driving cases, and an unusual police comment about keeping Highway 1 closed longer out of respect for the victims.
Next, they break down R. v. Palacios, an Ontario impaired driving case where the judge found serious problems with the officer's evidence and conduct. The officer claimed to have watched the driver go through a yellow light that lasted 12 seconds, used an unofficial "multitasking" test as an indicator of impairment, and then claimed he did not have enough evidence to demand a roadside breath sample despite smelling alcohol. Things only got worse when the driver, who spoke Spanish, tried to understand and exercise his right to a lawyer.
The court ultimately found breaches of the driver's Charter rights, excluded the breath readings and acquitted him. Kyla and Paul discuss what the case says about police training, roadside sobriety investigations and why facilitating the right to counsel continues to cause problems.
Finally, the Ridiculous Driver of the Week is a Florida woman accused of stealing a police cruiser who then turned her bond hearing into a viral courtroom moment.
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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