Failure To Stop After An Accident Lawyers in Toronto

Charged with “Failure to Stop”? Get Defence

Failing to stop after an accident, often called fail to remain or hit and run, can lead to two different charges in Ontario.

Under section 320.16 of the Criminal Code, a driver involved in an accident with a person or another vehicle must stop, give their name and address, and offer help to anyone who is hurt or seems to need it. Failing to do so is a crime if the driver knew about the accident, or was reckless about it, and had no reasonable excuse.

Section 200 of Ontario’s Highway Traffic Act is a separate provincial offence. Every driver directly or indirectly involved in an accident on a highway must remain at or immediately return to the scene and give all possible help. If asked, they must also give their name, address, licence, insurance and vehicle details in writing. If you have been charged in Toronto, call Kazandji Law at 647-588-3234 for a free consultation.

What If I Leave The Scene Briefly And Then Return?

It depends on why you left and what you did next. The Highway Traffic Act expects drivers to remain at the scene or return to it immediately. Under the Criminal Code, one question is whether you had a reasonable excuse for not stopping, giving your name and address, and offering help. Leaving to get medical help, or to get away from real danger, can be a reasonable excuse. Coming back hours later does not undo the charge on its own. The timing, your reasons and what you told police all matter, so speak to a lawyer before you give a statement.

How Does the Prosecutor Prove I Failed to Stop at The Scene of an Accident?

To convict you under section 320.16, the Crown has to prove each of these points beyond a reasonable doubt:

• You were operating the vehicle.
• The vehicle was involved in an accident with a person or another vehicle.
• You knew about the accident, or were reckless about whether it had happened.
• You did not stop, did not give your name and address, or did not offer help when someone was hurt or seemed to need it.

The court will also look at whether you had a reasonable excuse.

Defences Available for a Charge of Failing to Stop/Remain

Every case turns on its facts. Defences we often look at include:

• Gaps in the evidence. The Crown must prove who was driving, when and where it happened, that there was an accident, that you knew about it or were reckless about it, and what you did afterward. If any part is missing or unreliable, the charge can fail.
• A reasonable excuse. Leaving to get medical help, or to get away from real danger, can be a reasonable excuse.
• No knowledge of the accident. If you truly did not know your vehicle was involved, and were not reckless about it, a key part of the offence is missing.
• Charter breaches. The Charter protects you against unreasonable search or seizure (section 8) and arbitrary detention (section 9). It gives you the right to be told why you were arrested or detained and to speak to a lawyer without delay (section 10), and the right to a trial within a reasonable time (section 11(b)). When these rights are breached, a court can sometimes exclude evidence or stay the charge.

Failing to Stop Sentence in Toronto

The basic Criminal Code charge is a hybrid offence, so the Crown decides whether to proceed by summary conviction or by indictment. On indictment, the maximum sentence is 10 years in jail. If the driver knew, or was reckless about whether, someone was hurt, the maximum rises to 14 years, and to life if that person died. A charge where someone died can only proceed by indictment. These two versions also carry minimum penalties, starting with a $1,000 fine for a first offence.

In Ontario, a first conviction also brings a one year licence suspension under section 41 of the Highway Traffic Act. The judge can add a driving prohibition of up to three years when the Crown proceeds summarily, or up to 10 years on indictment, plus the length of any jail sentence. Where someone died, there is no upper limit.

A charge under section 200 of the Highway Traffic Act is less serious. It is a provincial offence, not a Criminal Code offence, but a conviction can still bring a fine of $400 to $2,000, up to six months in jail, or both, and a possible licence suspension of up to two years.

Some cases can be resolved with a less serious charge. That depends on the evidence and your history, and no lawyer can promise a result. We will explain your options and the risks of each one.

Call us Today

A failure to stop charge can affect your licence, your insurance, your job and your record. Getting advice early can leave you more options.

Kazandji Law defends criminal and driving charges across Toronto and the GTA, with offices in downtown Toronto, North York, Thornhill and Oakville. Call 647-588-3234 for a free consultation.