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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. T.C. – Fraud Over $5000 Investigation

Charge: Fraud Over $5000.
Issue: Given the civil settlement of this $245,000 misappropriation from employer case, whether there was any interest in pursuing  a criminal investigation and prosecution.
Result: Mr. Johnson was able to negotiate a civil settlement and obtained a Final Release from the complainant. No criminal investigation occurred. No risk of jail or criminal prosecution.

R. v. Q.D.T. – Vancouver Provincial Court

Charge: Assault.
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest to continue the criminal prosecution.
Result: Mr. Gauthier was able to persuade Crown counsel to allow our client into the Alternative Measures program. Upon completion of Alternative Measures, Crown enteresd a stay of proceedings. No criminal record.

R. v. A.M. – Possession of Stolen Property Investigation – Squamish RCMP

Charge: Possession of Stolen Property (motor vehicles).
Issue: Whether there was sufficient evidence that our client was aware that the vehicles that he possessed had been obtained by the commission of crimes.
Result: Mr. Gauthier was able to steer our client through the police investigation. Ultimately, based on insufficient evidence, police declined to forward charges against our client. No prosecution. No criminal record.

R. v. S.R. – Insurance Fraud Investigation

Charge: Insurance fraud over $5000 investigation.
Issue: Given our client’s rehabilitation and repayment of disputed funds, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier was able to persuade the Insurance company to settle the matter on a civil basis. No criminal charges were forwarded. No criminal record.

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

Charge: Break and Enter.
Issue: Given our client's mental health issues, whether a conditional discharge was an appropriate sentence for this drug store break in.
Result: Mr. Gauthier  provided Crown counsel with information about our client which persuaded Crown to make a joint submission for a conditional discharge. No jail. No criminal conviction.

R. v. M.G. – Nanaimo Provincial Court

Charges: Sexual Assault; Theft of Motor Vehicle x2; Break & Enter.
Issue: Whether or not it was in the public interest to proceed with the trial considering the reluctance oft the Crown's central witness and rehabilitative steps we were able to guide our client through.
Result: Mr. Gauthier was able to provide information to Crown counsel that ultimately led to a stay of proceedings on all counts. No criminal record.

R. v. S.G. – Port Coquitlam Provincial Court

Charges: Obstruct peace officer.
Issue: Whether it was in the public interest to continue with a criminal prosecution.
Result: Given our client's remorse and rehabilitation, Mr. Gauthier was able to persuade Crown counsel to divert our client into the Alternative Measures Program and to withdraw the charge. No criminal record.  

R. vs. A.B. – Insurance Fraud Investigation

Charge:  Fraud Under $5000.
Issue: Given our client's rehabilitation and repayment of the disputed funds, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier was able to persuade the insurance company to settle the matter on a civil basis. No criminal charges were forwarded. No criminal record.

R. v. S.M. – Surrey Provincial Court

Charges: Uttering Threats (domestic).
Issue: Given the circumstances of the incident and our client's background, whether it was in the public interest to proceed with the charge.
Result: Considering our client's unblemished history awaiting trial,  Mr. Gauthier was able to persuade Crown counsel to withdraw the charge. No criminal record.

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

Charges: Sexual Assault; Breach of undertaking.
Issue: Whether the complaint met the Crown's charge approval standard. Whether it was in the public interest to proceed with the breach charge.
Result: Mr. Gauthier was able to provide information to Crown on our client's behalf which, ultimately, resulted in Crown not approving any charge on the sexual assault complaint and agreeing to a 12 month peace bond on the breach charge. No jail. No criminal record.

R. v. A.L. – Creston Provincial Court

Charge: Possession of a prohibited weapon for a dangerous purpose.
Issue: Given our client's background and the context of the offence, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Mines was able to provide information to Crown counsel that culminated in Crown's agreement to refer our client into the Alternative Measures Program. No criminal record.

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

Charge: Assault (domestic).
Issue: Given the rehabilitative steps we were able to guide our client through, whether it was in the public interest to proceed with a criminal prosecution.
Result: Mr. Gauthier was able to provide relevant information to Crown on our client's behalf which resulted in Crown entering a 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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