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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. vs. C.Y. – Richmond Provincial Court

Charges: Assault with a weapon ( reduced to Peace Bond).
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest to proceed with the criminal prosecution.
Result: Mr. Mines was able to persuade Crown counsel to allow our client to resolve this matter with a s. 810 Recognizance (Peace Bond) for a period of 12 months. Stay of proceedings on the criminal charge. No criminal record.

R. vs. F.K. – Vancouver Provincial Court

Charges: Theft and Fraud Over $5000 (from employer).
Issue: Whether the pre-charge delay of 3.5 years would reduce the sentence in this $215,000 employee fraud case.
Result: Mr. Mines was able to persuade the trial judge and Crown counsel that there was merit to our application for a judicial stay of proceedings based on our client's inability to properly defend the charges due to a delay of about 4 years in getting the charges approved. Notwithstanding this breach of trust, Mr. Mines was able to negotiate a plea arrangement in which our client received a 2 year conditional sentence order with a 10 pm curfew for 12 months. No monies were ordered to be repaid. No jail.

R. vs. M.P. – Abbotsford Police Investigation

Charges: Uttering Threats.
Issue: Whether it was in the public interest to proceed with a criminal prosucution.
Result: Mr. Gauthier was able to provide information to Crown and to ultimately persuade Crown counsel to not approve any charge in this case. No charge approves. No criminal record.

R. vs. J.H. – Abbotsford Provincial Court

Charge: Failing to stop at an accident resulting in bodily harm.
Issue: Given the circumstances of the offence, our client's background and his extreme remorse, whether a jail sentence was warranted.
Result: Mr. Gauthier was ble to direct our client through a course of psychological counselling and was able to persuade Crown counsel to agree to a non-custodial sentence. After hearing Mr. Gauthier's submissions, the Court sentenced our client to a 12 month conditional sentence. No jail.

R. vs. Q.G. – Vancouver Provincial Court

Charges: Theft Over $5000 (from employer).
Issue: Whether Crown counsel had sufficient evidence to meet the charge approval standard.
Result: Mr. Mines was able to persuade Crown counsel that important evidence would be missing from a cenrtal witness and to not approve any charges. No criminal record.

R. vs. K.H. – Abbotsford Provincial Court

Charges: Breaking and entering a dwelling house and committing an indictable offence, wearing a mask for the purpose of committing an indictable offence, breach of release order.
Issue: Whether it would be consistent with the principles of sentencing for our client to serve his sentence in the community.
Result: Mr. Johnston provided Crown counsel with information which, along with our client's rehabilitative progress and good compliance with strict bail conditions, persuaded the Crown to seek a jail sentence of under two years for his role in a violent "home invasion". After hearing Mr. Johnston's submissions, the court agreed it would not be inconsistent with the principles of sentencing for our client to serve his sentence in the community instead of in custody. This was a significant result for our client as home invasion convictions typically result in lengthy jail sentences served in federal prison. No further time in custody.

R. vs. G.T. – Surrey Provincial Court

Charge: Assault.
Issue: Given the rehabilitative steps we were able to guide our client through, whether there was a public interest in proceeding with a criminal prosecution.
Result: Mr. Johnston provided Crown counsel with information which, along with our client’s progress with counselling, persuaded the Crown to gradually relax our client’s bail conditions and ultimately direct a stay of proceedings on the charge. No further prosecution. No criminal record.

R. vs. B.K. – Vancouver Provincial Court

Charges: Impaired Driving.
Issue: Whether Crown counsel could prove the impaired driving offence in light of evidence brought forward by Mr. Gauthier which suggested that our client did not voluntarily consume the drug that may have contributed to the the manner of his driving and the ensuing accident.
Result: Mr. Gauthier was able to persuade Crown counsel to proceed on the lesser charge of dangerous operation and, rather than being convicted of impaired driving, our client was granted a conditional discharge. No criminal conviction.

R. vs. D.H.P. – Vancouver Provincial Court

Charges: Assault causing bodily harm; mischief to property under $5000.
Issue: Whether there was a substantial likelihood of a conviction on the assault causing bodily harm charge.
Result: Mr. Mines was able to persuade Crown counsel to enter a stay of proceedings on the assault causing bodily harm charge. After hearing Mr. Mines' submissions, the court granted our client a conditional discharge and ordered restitution in relation to the smart phone that was damaged. No criminal conviction.

R. vs. W.J.M. – Port Coquitlam Provincial Court

Charge: Assault.
Issue: Given the rehabilitative steps we were able to guide our client through, whether there was a public interest in proceeding with a criminal prosecution.
Result: Upon presenting Crown counsel with a psychological report regarding our client's low risk to commit a similar act, Mr. Gauthier was able to persuade Crown to not approve any criminal charges whatsoever. No prosecution. No criminal record.

R. vs. J.A. – Vancouver Provincial Court (DCC)

Charges: Assault; Assault Peace Officer (x2).
Issue: Given the circumstances of our client being severely intoxicated and acting out f character, whether a criminal conviction was appropriate.
Result: Mr. Mines was able to provide Crown counsel with our client's background information resulting in a joint recommendation to the Court for a conditional discharge. No criminal conviction.

R. vs. E.L. – Vancouver Provincial Court

Charges: Aggravated Assault; Breach of Probation.
Issue: Given the context of the offences and our client's rehabilitative efforts, whether a jail sentence was appropriate.>br> Result: Mr. Johnston informed Crown counsel of the significant rehabilitative progress our client had made since the offence dates and persuaded Crown to not pursue the 16 month  jail sentence they had been seeking. Crown agreed to proceed on the less serious charge of assault causing bodily harm and to stay the remaining charges. After hearing Mr. Johnston's submissions, the court granted our client a one year conditional sentence sentence and two years of probation. This was a particularly positive outcome for our client, who had a prior conviction for a similar offence. No jail.
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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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