An Abbotsford woman was fined $1,500 on Friday (June 23) for driving away after she ran over a pedestrian who had fallen in the road.
Niki Vo, 22, was sentenced in Abbotsford provincial court after pleading guilty to a charge under the Motor Vehicle Act of failing to remain at the scene of an accident.
Laurie Brietzke, 47, died of her injuries two days after Vo ran over her on Dec. 16, 2022 in the area of Bevan Avenue and Gladwin Road, but Vo was not charged criminally.
Crown lawyer Maurizio Dattilo laid out the circumstances, saying the night in question was cool with some fog. Brietzke was out for a walk when a male driver saw her at 7:42 p.m. heading east on the roadway.
Dattilo said the witness concluded that Brietzke was impaired because she was staggering. After he saw her fall onto the road, he put on his four-way flashers and moved into the centre turning lane.
“By doing so, he regrettably placed (Brietzke) in a very vulnerable position lying on the road,” Dattilo said.
The vehicle directly behind the witness was a 2020 Tesla being driven by Vo, who had her “N” licence at the time. Dattilo said Vo drove over Brietzke at a speed of about 35 to 45 km/h – the speed limit was 50 km/h – but did not stop.
The witness called 911, while Vo drove to a parking lot almost two kilometres away and phoned two friends. Both friends reported that Vo was so “emotionally distraught” that it was difficult for them to understand what she was saying, Dattilo said.
One of the friends drove to the parking lot, and Vo asked her to take her to the accident location to verify “whether in fact it really had all happened.”
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After they saw emergency responders on scene, the pair returned to the parking lot, and Vo called 911 – 27 minutes after the collision.
Dattilo said Vo told the 911 operator that she “drove over something or somebody.” She remained in the parking lot until police arrived.
The offence of failing to remain at the scene of an accident can result in a jail sentence of up to six months, but Dattilo did not recommend any time in custody.
“I would suggest that when you compare Ms. Vo’s circumstances to other cases that the court regularly sees that her moral culpability is on the lower end,” he said. “It was a massive, colossal lapse in judgment for 27 minutes.”
Defence lawyer Gagan Nahal said Vo could not have anticipated that Brietzke was lying on the road, “particularly where the view of the road would be obstructed by the car in front of her.”
He said she has shown great remorse about what occurred. Vo gave a tearful apology in court to Brietzke’s family members who were in attendance, including her mom and fiance.
“I will remain remorseful for the rest of my life. You don’t have to accept my apology, but I just want to make it clear how sorry I am … for all that has happened,” she said.
In sentencing Vo, Judge Edna Ritchie said at the time of the incident, Brietzke had a blood alcohol reading that was three times the legal limit.
“I’m not saying that to blame (Ms. Brietzke) in any way. I’m saying it’s just one of the things I have to consider … It appears Miss Vo did not have any warning, and that is why she was charged simply with leaving the scene or not immediately returning,” Ritchie said.
She said the result of Vo leaving the scene was that it “added incredibly to the anguish and grief for the family, who are dealing with an immeasurable loss.”
“And to this day, it is incomprehensible to them how somebody who runs over somebody can simply leave.”
Ritchie said the case is not on the “high moral culpability that some cases involve” – such as when someone leaves the scene of an accident and actively tries to cover it up or when other factors, such as alcohol or distracted driving, are involved.
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Victim impact statements made in court by Brietzke’s mom, Margo Bridal, and aunt, Sonya Brietzke, detailed the impact that Brietzke’s death has had on their lives.
Bridal said her daughter, who had moved from Kelowna to Abbotsford to be with her fiance, used to phone or FaceTime her every day.
She said Brietzke, the mom of two sons in their 20s, was athletic and she would walk “miles and miles” as part of her nightly routine.
“Her smile doesn’t light up my day anymore,” Bridal said. “… She had a very beautiful heart.”
Outside of the courtroom, the pair said they accept the judge’s decision and believe that Vo was sincere in her apologies and remorse, but they would like more answers in the case, including the timeline of events that led to Brietzke’s death and why she was lying in the road.
vikki.hopes@abbynews.com
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