Failing to stop or remain at the scene of an accident is a serious criminal offence. It carries significant penalties and can have long-lasting effects on your personal and professional life.
Failure to Stop at an Accident: Criminal Code Definition
Failure to stop at an accident is defined under Section 320.16 of the Criminal Code.
320.16 (1) Everyone commits an offence who operates a conveyance and who at the time of operating the conveyance knows that, or is reckless as to whether, the conveyance has been involved in an accident with a person or another conveyance and who fails, without reasonable excuse, to stop the conveyance, give their name and address and, if any person has been injured or appears to require assistance, offer assistance.
Elements of Failure to Stop at an Accident
To prove failure to stop at an accident, the Crown must establish:
- The identity of the accused.
- The date and location of the incident.
- That the accused was operating a vehicle involved in an accident.
- That the accused failed to stop, provide identification, or offer assistance.
Potential Penalties for Failure to Stop at an Accident
Penalties for failure to stop at an accident include:
- Summary Conviction: Up to 2 years less a day in prison and/or a fine.
- Indictable Offence: Up to 10 years in prison if no bodily harm is involved, escalating to 14 years with bodily harm and up to life imprisonment if the accident results in death.
Click here to learn more about the potential penalties for failing to stop at an accident.
Defences Available for Failure to Stop at an Accident
Possible defences include:
- Lack of knowledge of the accident.
- Fear for personal safety.
- No legal duty to stop under given circumstances.
- Reasonable excuse for failing to stop.
Speak to an Impaired Driving Lawyer Today
If you're facing charges for failing to stop at an accident, a skilled criminal lawyer is essential. They can challenge the evidence, present mitigating factors, and advocate for reduced penalties or dismissal of charges. Call (855) 585-1777 to receive a free consultation today.
