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Hit and Run Charges

The Charge

People can be charged under s. 252 of the Criminal Code or s. 68 of the Motor Vehicle Act with failing to remain at the scene of an accident. When involved in an accident, drivers have a duty to provide their name and address and to offer assistance to any person that may be injured. Failure to do so can result in a criminal conviction and imprisonment for up to five years, even if there is no injury. If there is bodily harm, the maximum jail sentence is 10 years; if there is death, a hit and run driver faces up to 14 years in jail. In addition to any other punishment, the Crown will generally seek a significant driving prohibition upon any hit and run conviction.

Civil Liability – ICBC

In addition to any sentence imposed by the court, when drivers are convicted of the criminal offence of failure to remain at the scene of an accident, they face civil consequences. An essential condition of an ICBC insurance policy is that the coverage is voided if the driver is convicted of a criminal offence while driving. In the case of a very serious accident, this could leave a person convicted of hit and run exposed to a recovery action by ICBC for thousands or even millions of dollars.

The Investigation

At some point in virtually every accident case that involves injury to a person or damage to property, police will investigate in an effort to locate and identify the driver. Being in an accident can induce muddled thinking and even panic. Sometimes drivers reflexively keep driving after they have collided with a person or object. At other times, drivers are not sure whether they have, in fact, collided with a person or thing and they leave too quickly before identifying themselves and speaking to others who were involved with or who may have witnessed the accident. Police who investigate hit and run accidents will focus on trying to identify the vehicle and/or driver. They will canvas the accident scene in an effort to obtain witness statements and any available video or camera images. At times, police will produce a composite sketch or computer generated likeness of their suspect based on these witness accounts.

Recent Successes

R. v. M.F. – Surrey Provincial Court

Charge: Health insurance fraud investigation.
Issue: Given our client's civil settlement of the alleged false insurance claims. whether there was any public interest in proceeding with criminal charges.
Result: Mr. Gauthier was able to negotiate an appropriate civil settlement and repayment to the employer. No criminal prosecution.

R. v. V.H. – Port Coquitlam Provincial Court

Charges: Assault (domestic).
Issue: Whether or not it was contrary to the public interest for our client to be sentenced to a conditional discharge.
Result: Mr. Mines was able to steer our client through a course of rehabilitation. The Court granted our client the discharge and placed her on probation. No record of conviction.

R. v. J.M. – Abbotsford Provincial Court

Charge: Health insurance fraud investigation.
Issue: Given our client's civil settlement of the alleged false insurance claims. whether there was any public interest in proceeding with criminal charges.
Result: Mr. Mines was able to negotiate an appropriate civil settlement and repayment to the employer. No criminal prosecution.

R. v. K.D. – Vancouver Provincial Court

Charge: Mischief Under $5000 (reduced to Peace Bond).
Issue: Given our client's background and rehabilitative efforts, whether it was in the oublic interest to proceed with a criminal prosecution.
Result: Mr. Mines was able to persude the criminal charge upon our client entering into a 12 month peace bond. No criminal record.

R. v. N.S. – Vancouver Provincial Court

Charge: Theft under $5000 (shoplifting).
Issue: Given our client's background and remorse, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. mines was able to persuade Crown counsel to admit our client into the Alternative Measures program. Upon completion, Crown counsel entered a stay of proceedings, bringing the matter to an end. No criminal conviction.

R. v. N.S. – Vancouver Provincial Court

Charges: Theft Under $5,000 (shoplifting).
Issue: Given our client's background, was it in the public interest to proceed with the criminal prosecution.
Result: Mr. Mines was able to persuade Crown counsel to allow our client into the Alternative Measures Program and, upon our client's completion of the program, Crown enteres a stay of proceedings. No criminal record.

R. v. C.G. – Vancouver Provincial Court

Charges: Fraud (in the range of $50,000).
Issue: Based on information Mr. Gauthier was able to provide to the civil investigators about our client's personal circumstances, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier was able to settle the matter civilly on our client's behalf. No charges were recommended. No criminal record.

R. v. B.X. – Surrey Provincial Court

Charges: Assault; Sexual Assault.
Issue: Whether the complainant was a credible and reliable witness.
Result:  Upon hearing Mr. Mines' submissions on our client's behalf at the conclusion of the trial, the Court found our client not guilty on both counts. Acquittal. No criminal record.

R. v. A.L. – North Vancouver Provincial Court

Charge: Sexual assault.
Issue: Whether there was a substantial likelihood of a conviction.
Result: Mr. Mines was able to steer our client through the police investigation by providing information to police on our client's behalf. Ultimately, Crown counsel decided to not approve any criminal charge. No jail; no criminal record.

R. v. A.Z. – Vancouver Provincial Court

Charge: Assault (domestic).
Issue: Given information we provided to Crown counsel regarding our client's background, the circumstances of the incident and the complainant's wishes, whether there was a public interest in proceeding with the criminal prosecution.
Result: Mr. Gauthier was able to persuade Crown counsel to enter a stay of proceedings, bringing the case to an end.  No criminal record.

R. v. I.R. – Vancouver Provincial Court

Charges: Sexual assault, assault x 2
Issues: Whether a jail sentence was appropriate in all the circumstances, and whether our client should be excused from having to register as a sex offender.
Result: Upon hearing Mr. Johnston’s submissions regarding our client’s personal circumstances, rehabilitative progress, and the unusual nature of the offences, the Court imposed a sentence of probation, rather than the conditional sentence the Crown had sought. For the same reasons, the Court also agreed to excuse our client from the usual requirement of having to register as a sex offender.

R. v. R.A.M. – Vancouver Provincial Court

Charge: Robbery, uttering threats, possessing a weapon for a dangerous purpose
Issues: Whether there was a reasonable chance our client would be convicted at trial, and whether there was public interest in continuing to prosecute our client.
Result: Given Mr. Johnston’s representations on behalf of our client and the unusual circumstances of the offence, the Crown agreed there would be difficulty establishing our client was the one who committed the alleged offences, and that it was not in the public interest to continue prosecuting our client. Stay of proceedings. No criminal record.  
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The Defence

We see a significant number of clients who contact us after an incident where they believe police may be looking for them as a suspected hit and run driver. We are experienced in acting as a “buffer” between our client and police in these situations. This is because we are able to protect our client through the laws of solicitor/client privilege. This means that we can speak to police on our client’s behalf without incriminating our client. We often are, effectively, able to assist our client with their civil obligations involved in dealing with ICBC or other insurers without our client providing direct evidence that would strengthen the Crown’s case against them. In a nutshell, Hit and Run driving defences are aimed at controlling the misinformation police are seeking from our client. We are able to do so by relying on concepts such as the “right to remain silent” and other guarantees of fundamental justice as set out in the Charter of Rights and Freedoms.

We defend hit and run charges at trial by identifying areas of the Crown’s case that are weak and tend not to prove that our client was, in fact, the driver, or that they knew they were involved in an accident. We are experienced in defending driving charges and know how to protect our client’s rights when they are being investigated or charged with a hit and run offence.

Start with a free consultation.

If you are being investigated by police or if you’ve been charged with a criminal or driving offence, don’t face the problem alone. Being accused of an offence is stressful. The prospects of a criminal record or jail sentence can be daunting. Even if you think there is no defence, we may be able to help. To schedule a free initial consultation with one of our Vancouver lawyers, contact us now.

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