Hit & Run Charge Lawyers in Calgary

Hit and run offences are addressed under Section 320.16 (1) of the Criminal Code of Canada. This section makes it an offense for a driver involved in an accident to fail to stop, provide their name and address, and offer assistance to any injured parties. Hit and run can be prosecuted as either a summary conviction or an indictable offense, depending on the severity of the incident and the resulting harm.

For a summary conviction, the maximum punishment is a fine of up to $5,000 or imprisonment for up to 6 months, or both. If prosecuted as an indictable offense, the penalties are significantly harsher. The maximum punishment includes imprisonment for up to 5 years. In cases where the hit and run results in bodily harm or death, the penalties can be even more severe, with imprisonment for up to 10 years for bodily harm and life imprisonment for death.

Key Takeaways

• Hit and run is a serious offense under Section 320.16(1) of the Canadian Criminal Code. It involves failing to stop, provide identification, and assist injured parties after an accident.
• If prosecuted as a summary conviction, the maximum punishment is up to 6 months in jail. For an indictable offense, imprisonment can extend up to 5 years, and up to 10 years if bodily harm occurs, or life imprisonment if the incident results in death.
• Bail conditions for hit and run charges may include restrictions on driving, mandatory court appearances, and possibly house arrest or curfew, depending on the case’s specifics.
• It is possible to contest hit and run charges with a strong defense strategy, potentially leading to reduced penalties or dismissal of the case. Legal counsel is crucial for navigating these defenses.

How can a hit and run lawyer in Calgary help?

A criminal defense lawyer offers pre-charge legal advice, helping you understand your rights and the potential implications of the charges. This early guidance is crucial in protecting you from self-incrimination and ensuring you do not inadvertently harm your case.

A seasoned lawyer can effectively navigate conversations with law enforcement, ensuring that your statements are carefully managed. They will gather critical evidence, interview witnesses, and retain expert witnesses if necessary, building a robust defense on your behalf. Additionally, a lawyer’s expertise in navigating the criminal justice system and court process can significantly reduce the stress and confusion associated with legal proceedings.

During the trial, a defense lawyer will provide skilled representation, advocating for your best interests and working towards the most favorable outcome possible. Their comprehensive approach can make a substantial difference in the resolution of your case.

Hit and Run Charge in the Criminal Code of Canada

Section 320.16 (1) of the Criminal Code of Canada deals with the offense of failing to stop after an accident. This section mandates that any person involved in an accident must stop their vehicle, provide their name and address, and offer assistance to any injured parties. The law aims to ensure that those involved in accidents take responsibility and provide necessary aid in creating a police report.

Examples of Hit and Run Charges

Some examples of a hit and run charge may include the following:

• A driver hits a pedestrian at a crosswalk and, instead of stopping to provide assistance and waiting for emergency services to provide a police report, flees the scene. The pedestrian suffers serious injuries, and the driver is later apprehended and charged with hit and run.
• Two cars collide at an intersection, causing significant damage to both vehicles. One driver, fearing legal or financial repercussions, drives away without exchanging contact information or assisting the other driver.
• A motorist sideswipes a cyclist on a busy street, causing the cyclist to fall and sustain injuries. The driver, aware of the collision, chooses to leave the scene without offering help.
• A driver accidentally backs into a parked car in a shopping center parking lot, causing visible damage. Instead of leaving a note with their contact information or reporting the incident to the authorities, the driver leaves the scene.

Consequences of a Hit and Run Charge

In Canada, a hit and run charge is classified as a hybrid offense, which means it can be prosecuted either as a summary conviction or as an indictable offense. The decision on how to proceed is made by the Crown prosecutor, who will consider factors such as the severity of the incident, the extent of the damage, and whether any injuries or fatalities occurred.

Regarding fines, the consequences differ significantly based on whether the charge is prosecuted as a summary conviction or an indictable offense. For a summary conviction, the fines can vary, but there is no specified minimum fine under the Criminal Code. Generally, the maximum fine for a summary conviction offense is up to $5,000. On the other hand, for an indictable offense, fines are not typically the primary form of punishment. However, substantial financial penalties can still be imposed at the court’s discretion, particularly in cases involving severe harm or negligence.

The jail sentence for a hit and run charge also varies depending on the mode of prosecution. For a summary conviction, the maximum jail sentence is up to 6 months. This is usually reserved for less severe cases where no serious injuries or fatalities occurred. However, if the offense is prosecuted as an indictable offense, the penalties are much more severe. The maximum jail sentence can be up to 10 years if the hit and run results in bodily harm. In cases where the incident leads to the death of an individual, the maximum penalty is life imprisonment. Additionally, for indictable offenses resulting in bodily harm, there is a minimum punishment of imprisonment for a term of not less than one year. If the accident results in death, the minimum punishment is imprisonment for a term of not less than three years.

The consequences of a hit and run charge are severe and can have long-lasting impacts on an individual’s life, including a criminal record, loss of driving privileges, and significant financial and personal repercussions. It can also include civil allegations of negligence and impacts on insurance premiums.

Hit and Run Charge Defences

These defenses aim to either reduce the severity of the penalties or result in a complete dismissal of the charges. Here are some common defenses used in hit and run cases:

• Lack of Knowledge: For a hit and run charge to hold, the prosecution must prove that the defendant knowingly left the scene of an accident. If the defense can demonstrate that the driver did not realize they were involved in an accident—perhaps due to minimal impact or poor visibility—this can significantly weaken the prosecution’s case.
• No Intent to Escape Liability: Another defense is proving that the accused did not have the intent to escape civil or criminal liability. The prosecution must establish that the driver left the scene specifically to avoid legal consequences. If the defense can show that the driver left for reasons unrelated to avoiding liability—such as seeking immediate medical attention or fearing for their safety—this can serve as a valid defense.
• Mistaken Identity: The defense may argue that the accused was not the person driving the vehicle at the time of the incident. This can be particularly effective in cases where the vehicle involved in the hit and run is registered to multiple people or frequently driven by different individuals.
• Inadequate Evidence: The burden of proof lies with the prosecution, and they must provide sufficient evidence to establish the defendant’s guilt beyond a reasonable doubt. If the defense can demonstrate that the evidence is insufficient or unreliable, the charges may be dismissed. This can include challenging the credibility of eyewitnesses, questioning the accuracy of surveillance footage, or highlighting inconsistencies in the prosecution’s case.
• Emergency Situations: In some cases, the defense can argue that the driver left the scene due to an emergency situation that justified their actions. This could include scenarios where the driver or a passenger required immediate medical attention, or where the driver felt threatened and left to ensure their safety.
• Procedural Errors: This includes violations of the defendant’s rights, improper collection of evidence, or failure to follow legal protocols. If the defense can show that such errors occurred, it may result in the exclusion of key evidence or even the dismissal of the charges.

Hit and Run Charge Investigation

Initially, law enforcement officers will respond to the scene of the accident to assess the situation, provide assistance to any injured parties, and secure the area. They will collect preliminary evidence such as witness statements, photographs of the scene, and any physical evidence like vehicle debris or tire marks.

One of the first steps in the investigation is to identify the vehicle involved. This is often done through eyewitness accounts, surveillance footage from nearby cameras, and any available dashcam footage. Officers will also check for paint transfers, vehicle parts left at the scene, and other forensic evidence that can help identify the make and model of the vehicle.

Once a vehicle is identified, law enforcement will trace its registration to find the owner. They may conduct interviews with the registered owner and any potential drivers to determine who was operating the vehicle at the time of the incident. During this phase, officers may also review phone records, social media activity, and other digital footprints to establish a timeline and corroborate alibis.

Forensic analysis plays a crucial role in hit and run investigations. This can include examining the suspect vehicle for damage consistent with the accident, analyzing paint samples, and conducting DNA tests if blood or other biological material is found. Additionally, experts may reconstruct the accident to understand the dynamics of the collision and establish the sequence of events.

Bail Conditions for Hit and Run Charges

When granted bail for a hit and run charge, the accused must adhere to specific conditions set by the court. Common conditions include mandatory court appearances, driving restrictions, and non-communication orders with victims or witnesses. The accused may also face residence requirements, curfews, and travel restrictions to prevent fleeing. Regular check-ins with a bail supervisor or law enforcement, along with abstaining from alcohol or drugs if substance use was involved, are also typical. These conditions aim to ensure compliance with legal proceedings, protect public safety, and prevent further offenses.

Frequently Asked Questions About Hit and Run Charges

Will I have a criminal record if convicted of a hit and run charge?

Yes, if you are convicted of a hit and run charge in Canada, you will have a criminal record. A conviction for this offense, whether prosecuted as a summary conviction or an indictable offense, results in a criminal record that can have long-lasting consequences. This record can affect various aspects of your life, including employment opportunities, travel restrictions, and your personal reputation.

How long does a hit and run case take?

The duration of a hit and run case can vary significantly based on several factors, including the complexity of the case, the severity of the incident, and the court’s schedule. Generally, a straightforward case might be resolved within a few months, especially if the accused pleads guilty. However, more complex cases involving serious injuries or fatalities, extensive investigations, and multiple court appearances can take a year or longer to conclude.

Can I go to jail for hit and run charges?

Yes, you can go to jail for hit and run charges in Canada. The severity of the jail sentence depends on whether the offense is prosecuted as a summary conviction or an indictable offense. For a summary conviction, the maximum jail sentence is up to 6 months. For an indictable offense, the penalties are much harsher, with imprisonment of up to 10 years if the incident results in bodily harm, and up to life imprisonment if it results in death.

Will I lose my license from hit and run charges?

Yes, being convicted of hit and run charges in Canada can result in the loss of your driver’s license. The length of the suspension depends on the severity of the offense and the specific circumstances of the case. For less severe incidents, the suspension may last several months, while more serious cases involving bodily harm or death can lead to longer suspensions or even permanent revocation of your driving privileges.

Related Offences

• Dangerous Driving: Dangerous driving in Canada involves operating a vehicle in a manner that poses a significant risk to public safety. This includes excessive speeding, reckless maneuvers, or impaired driving.
• Failing to Stop for Police: Failing to stop for police in Canada involves not pulling over when signaled or directed by law enforcement. This offense is serious and can result in criminal charges, fines, imprisonment, and additional penalties such as license suspension.
• Criminal Driving: Criminal driving in Canada encompasses various serious offenses such as impaired driving, dangerous driving, and failing to stop at the scene of an accident.