A Vancouver defense attorney who has previously challenged the constitutionality of the state’s hit-and-run laws is now facing the charge himself.
Neil Cane, 71, pleaded not guilty May 30 in Clark County District Court to misdemeanor hit-and-run of an unattended vehicle resulting in damage. He waived his right to an attorney and is representing himself, court records show. The case is scheduled for trial Aug. 10.
On his law office website, Cane links to a 2014 motion he filed in a Clark County Superior Court hit-and-run case. In it he argued the state statute that requires drivers to inform on themselves when they’ve been in a crash violates their protection against self-incrimination under the Fifth Amendment of the U.S. Constitution.
When contacted by phone Thursday, Cane said he would talk with the Vancouver City Attorney’s Office, which is prosecuting the case, before deciding if he would mount a similar challenge in his own defense.
Jeff Feldman, a professor at the University of Washington who specializes in criminal and constitutional law, said he could not comment on the specifics of Cane’s case or prior motion.
Feldman noted the Constitution’s Fifth Amendment protects an individual’s right to remain silent and not disclose information that would be incriminating. But he said he thinks most courts would conclude that exercising the privilege of a driver’s license implies a waiver of that Fifth Amendment protection.
“In other words, you don’t get a driver’s license unless you agree to abide by laws in the state, one of which requires that you stop and provide information following an accident,” Feldman said in an email to The Columbian.
Cane told The Columbian he did not leave his insurance information because he did not see that he caused any damage. He likened the incident to opening a car door and lightly striking the car next to him.
“Seeing no damage, I saw no need to leave my card,” Cane said.
Hit-and-run allegation
A woman contacted Vancouver police Feb. 13 to follow up about a crash that happened two days prior in the parking lot of a medical office in central Vancouver. The woman, Shawna Attaway, reported she had identifying information about the person she said hit her car in the parking lot, according to a probable cause affidavit.
Attaway told the officer when she came out of the clinic at about 5 p.m., she found a note on her vehicle that said someone had hit it. She called the person who left the note, identified as Jeremy Treis, who gave her a description of the driver. Treis also gave Attaway the license plate number of the vehicle that hit hers. That plate came back as registered to Cane, court records state.
The officer saw scraped paint on the front bumper of Attaway’s car. Attaway also said her bumper was bowing out on each side. She sent the officer photos Treis gave her and Treis’ phone number, the affidavit states.
Treis told the officer he was parked next to a gray Jeep when it began backing up and struck a car behind it. The Jeep then pulled forward a bit, and he said the driver got out. He said the man inspected his vehicle and then went inside the clinic “like nothing happened,” according to the affidavit.
Treis said he left a note on Attaway’s car to let her know it had been hit. Officers said Treis’ description of the driver matched Cane’s driver’s license photo, the affidavit states.
The officer said he called Cane and asked him if he was in a crash at the clinic and forgot to leave his information. The officer said Cane “laughed uncontrollably” and said he didn’t forget to leave his information. Cane told the officer he was a lawyer and referred the officer to his website to see why hit-and-run laws are unconstitutional, according to the affidavit.
When the officer told Cane the other driver only wanted his information for insurance purposes and didn’t want to press charges, Cane said he’d give his policy number but was not admitting guilt, court records state.
After Cane gave the officer his insurance information, the officer let Attaway know, and the officer said Attaway seemed content, according to the affidavit.
But Attaway contacted the officer again Feb. 15, saying she now wanted to press charges for hit-and-run because Cane was not responding to the insurance company. She said insurance also told her he was alleging he caused no damage, the affidavit states.
