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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. A.O. - Vancouver Provincial Court

Charge: Possession of a loaded restricted handgun, without a permit.
Issue: Whether the Crown could prove that our client did anything more than briefly touch the gun while he a passenger in a vehicle.
Result: Mr. Mines was able to persuade the trial judge that our client's actions were minimal and that his youthful age and lack of record allowed him to be granted  a conditional discharge. No conviction. No jail.

R. vs. S.S. - Nelson Provincial Court

Charges: Possession for the Purpose of Trafficking (MDMA, Ketamine, Cocaine).
Issue: Given the nature of the search and seizure, the rehabilitative steps we were able to guide our client through, and given the recent changes to the mandatory minimum jail sentence for this offence, whether our client was eligible for a non-custodial sentence.
Result: Notwithstanding the large amount of drugs involved (approximately 2 kgs), Mr. Johnson was able to persuade the court to impose a conditional sentence of two years, less one day. No jail.

R. vs. D.M. - Vancouver Provincial Court

Charges: Assault.
Issue: Given the provocation that preceded the incident, what  the appropriate sentence would be.
Result: Mr. Gauthier was able to persuade the court to sentence our client to a period of probation of 12 months. No jail.

R. vs. B.K. - New Westminster Provincial Court

Charge: Indecent Act.
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest to proceed with the prosecution.
Result: Mr. Mines was able to persuade Crown counsel to enter a stay of proceedings upon our client completing an extensive course of counselling. No criminal record.

R. vs. K.L. - Vancouver Provincial Court

Charges: Theft Over $5000 (from employer).
Issue: Given the rehabilitative steps we were able to guide our client through, whether she would be sentenced to jail.
Result: After steering our client through counselling and arranging her repayment of the misappropriated funds, Mr. Mines was able to persuade Crown counsel to not seek a. jail sentence. After hearing Mr. Mines' submissions on our client's behalf, the court granted a suspended sentence and placed our client on probation for 18 months. No jail.

R. vs. A.A. - North Vancouver Provincial Court

Charges: Sexual Assault; Uttering threats; assault, Breach of Release Order.
Issue: Whether there was a substantial likelihood of conviction.
Result: Mr. Mines was able to persuade Crown counsel that there was no realistic chance of conviction on the sex assault charge and Crown proceeded only on the assault charge to which our client pleaded guilty. After hearing Mr. Mines' submissions, the court granted our client a conditional discharge and Crown entered stays of proceeding on the remaining 3 counts. No jail, no criminal conviction.

R. vs. A.S. - Vancouver Provincial Court

Charge: Driving while prohibited.
Issue: Whether it was in the public interest to proceed with this charge which carries a mandatory one year driving prohibition upon conviction.
Result: Mr. Mines was able to provide Crown counsel with information that concluded our client was not at all responsible for the motor vehicle accident and persuaded Crown to proceed on the lesser offence of driving without aa valid license. Our client was sentenced to a fine and a 3 month driving prohibition.

R. vs. L.M. - Vancouver Provincial Court

Charges: Mischief Over $5000; Assault Police Officer.
Issue: Whether the sentence ought to emphasize punishment or rehabilitation in this matter where our client was alleged to have caused over $100,000 in damage to his building.
Result: Mr. Gauthier was able to provide Crown counsel with materials confirming the rehabilitative steps our client had taken for his mental health. The cRown stayed the assault police officer charge and, after hearing Mr. Gauthier's submissions, the Court granted our client a conditional discharge and placed him on probation. No jail.

R. vs. D.R. - Vancouver Provincial Court

Charge: Assault (domestic).
Issue: Whether it was in the public interest to proceed with the prosecution.
Result: Mr. Mines was able to persuade Crown counsel to enter a stay of proceedings on the assault charge. Our client entered into a 12 month Peace Bond. No criminal record.

R. vs. B.Z. - Port Coquitlam Provincial Court

Charge: Assault (domestic).
Issue: Given the rehabilitative steps we were able to direct our client through, whether it was in the public interest to proceed with this prosecution.
Result: Mr. Johnson was able to provide Crown counsel with information that allowed him to persuade Crown to enter a stay of proceedings. No criminal record.

R. vs. M.C. - Vancouver Provincial Court

Charges: Driving While Prohibited.
Issue: Whether it was in the public interest for Crown to proceed with the prosecution of this offence which carries a 12 month mandatory minimum driving prohibition.
Result: Mr. Johnson was able to persuade Crown counsel to proceed on the lesser offence of driving without a valid licence. Our client received a $500 fine and a 30 day driving prohibition.

R. vs. M.L. - Surrey Provincial Court

Charges: Sexual Interference.
Issue: Whether the Crown could prove that our client sexually interfered with his niece.
Result: After a 6 day trial, Mr. Johnson was able to persuade the trial judge that there was reasonable doubt as to the complainant's credibility and reliability. Not guilty. No jail. No criminal record.

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.