Driving Law Episode 457: The Raffia Appeal, Forensic Science Failures & Throwing Your Phone Out the Window

In Episode 457 of Driving Law, Kyla Lee and Paul Doroshenko discuss the Ontario Court of Appeal’s decision in R. v. Raffia and what it means for impaired driving refusal cases. The pair examine why the Court declined to weigh in on the controversial reasonable excuse issue that has generated significant discussion among impaired driving lawyers across Canada. They also break down the procedural complexities behind the appeal and what the decision leaves unresolved. Kyla and Paul then turn to a new Canadian study examining wrongful convictions and forensic science. The discussion explores how forensic evidence is often overstated in court, why juries and judges may place too much confidence in scientific evidence, and what this means for impaired driving prosecutions that rely heavily on forensic testing. Plus, the Ridiculous Driver of the Week features a driver who reacted to a distracted driving ticket by throwing his phone out the window in front of the police officer. 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.