Driving Law Episode 464 – Impaired Driving in an Inoperable Car?

This week on Driving Law, Kyla Lee and Paul Doroshenko discuss a major Ontario Court of Appeal decision dealing with the Criminal Code presumption of operation and whether a person can be convicted even when the vehicle they are sitting in is completely inoperable. They examine why the Court concluded that the presumption can still apply to a vehicle that cannot actually be driven, the implications for the presumption of innocence, and why the decision leaves open the possibility of a future constitutional challenge. Kyla and Paul also discuss unusually heavy police enforcement surrounding the Shambhala and Sunfest music festivals, along with an Alberta judicial review where government counsel was criticized for sending additional legal arguments directly to the court after the hearing had ended without notifying the self-represented opposing party. Plus, the Ridiculous Driver of the Week features a BMW travelling on the Sea-to-Sky Highway with two large drums of vegetable oil strapped to its roof. 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.