Failure to Remain/Failure to Stop Lawyer in Toronto

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The terms failure to stop and failure to remain refer to different legal obligations for drivers involved in accidents in Ontario, and they are governed by different laws with distinct implications.

It's crucial to understand your legal obligations in case of an accident. If you're involved in a collision, you must stop your vehicle, provide assistance to anyone injured, and exchange information with other parties involved. Leaving the scene or failing to cooperate can lead to criminal charges, including substantial fines, imprisonment, and a permanent criminal record.

Seeking professional legal counsel is essential if you are facing failure to remain or failure to stop charges. At Pyzer Criminal Lawyers, our experienced team is dedicated to providing tailored comprehensive defence strategies and work towards the best possible outcome for your case.

Understanding Failure to Remain/Failure to Stop Charges in Canada

Failure to stop is primarily a criminal offence under the Criminal Code of Canada. This charge applies when a driver involved in an accident does not stop their vehicle and provide necessary information or assistance. Failure to remain is a provincial offence under the Ontario Highway Traffic Act. This charge applies when a driver involved in an accident leaves the scene without fulfilling their legal obligations.

Criminal Code of Canada

There are three distinct sections under the Criminal Code of Canadadealing with the offence of failing to stop at the scene of an accident:

Section Section 320.16(1) (Failure to Stop at an Accident) requires you to stop your vehicle, provide your name and address, and offer assistance if anyone is injured or appears to need it. Failing to do so is a crime.
Section Section 320.16(2) (Failure to Stop at an Accident Involving Bodily Harm) addresses the situation where you fail to stop after an accident that results in bodily harm. The penalties under this section are harsher due to the injuries caused.
Section Section 320.16(3) (Failure to Stop at an Accident Involving Death) deals with the failure to stop at the scene of an accident involving a fatality. The penalties for this offence are the most severe due to the gravity of the outcome.

It is important to note that there is no legal obligation to remain at the scene if only one vehicle is involved and no injuries are sustained.

Ontario Highway Traffic Act

The Ontario Highway Traffic Act also has provisions and obligations concerning failure to remain:

Section 200(1) : Duty of Person in Charge of Vehicle in Case of Accident

Your obligations under this section are the same as under the Criminal Code i.e. stop your vehicle; provide your name, address, and vehicle registration information; and offer assistance to anyone injured or appearing to require help. These obligations apply regardless of the type of vehicle you are operating, be it a car, truck, motorcycle, or streetcar.

Failure to remain at the scene of an accident is a serious violation of the Highway Traffic Act and can result in significant penalties. However, this Act is non-criminal legislation, which means the procedures and potential penalties differ from those under the Criminal Code.

The above sections underscore the importance of your responsibility and accountability in the aftermath of vehicular accidents. Adhering to these legal requirements is essential not only for compliance but also for the welfare of all parties involved.

Sentences and Penalties for Fail to Remain/Failure to Stop Charges

Failure to remain and failure to stop charges are both treated with utmost seriousness in Canadian law due to the potential harm and risk they pose. Convictions for these offences can lead to significant legal consequences, including fines, imprisonment, and lasting impacts on your criminal record and driving privileges.

Penalties Under the Criminal Code

The Criminal Code of Canada outlines severe penalties for failing to stop at the scene of an accident. The consequences vary depending on the specifics of the offence, particularly the severity of the harm caused, and on how the Crown decides to proceed.

Failing to stop (s. 320.16(1)):

Summary conviction: Maximum fine of up to $5,000, imprisonment for up to two years less a day, or both.
Indictment: Maximum imprisonment of ten years.

If bodily harm is Involved (s. 320.16(2) ):

Summary conviction: Maximum fine of $5,000, imprisonment for up to two years less a day, or both.
Indictment: Maximum imprisonment of fourteen years.
Mandatory minimum sentences: First offence - $1,000 fine; second offence - 30 days imprisonment; subsequent offences - 120 days imprisonment.

If death is Involved (s. 320.16(3) ):

Maximum punishment: Offences under this subsection are straight indictable with a maximum sentence of life imprisonment.
Mandatory minimums: First offence - $1,000 fine; second offence - 30 days imprisonment; subsequent offences - 120 days imprisonment.

Highway Traffic Act Penalties

Under the Ontario Highway Traffic Act, failing to remain at the scene of an accident is treated as a serious offence, although it is non-criminal.

Demerit Points: 7 demerit points added to the driver's record.
Fines: A fine ranging from $500 to $2,500.
Licence Suspension: Possible suspension of the driver’s licence for up to 2 years.
Imprisonment: Potential jail time of up to 6 months.
Insurance Impact: A conviction can lead to increased motor vehicle insurance rates.

Aggravating Factors

When sentencing for failure to remain or failure to stop charges, the court considers several aggravating factors that can increase the severity of the penalties.

The consequences are more severe if multiple individuals are harmed or killed as a result of the accident.
Engaging in high-speed competitions significantly elevates the risk and the associated penalties.
The presence of a minor in the vehicle at the time of the accident is considered particularly egregious.
Professional drivers, who are being paid to operate a vehicle, are held to a higher standard of responsibility.
Operating a vehicle with a blood alcohol concentration (BAC) at or above 120 mg of Alcohol in 100 mL of Blood is a major aggravating factor.
The size and potential impact of the vehicle involved can influence the severity of the penalties.
Using the vehicle without the necessary federal or provincial permissions exacerbates the offence.
A history of similar offences or other prior criminal convictions.

Understanding these penalties is crucial for anyone facing failure to remain or failure to stop charges. They underscore the need for skilled legal representation to address these elements effectively and to work towards minimising the penalties associated with the offence.

Defending Against Fail to Remain/Failure to Stop Charges in Toronto

Mounting a strong defence is crucial to navigating failure to remain or failure to stop charges and mitigate their impact on your life. The defences available can vary widely depending on the specific facts and circumstances of each case.

Factual Innocence

A cornerstone defence is establishing factual innocence.. For a conviction, the Crown must prove beyond a reasonable doubt that you were the driver, an accident occurred, and it occurred at a specific date, time, and place.

Additionally, the Crown must show the accused knew or was reckless about the accident and failed to stop, provide their name and address, or offer assistance to any injured persons. If any of these elements are not proven, the defence of factual innocence may succeed.

Reasonable Excuse

Justifying your departure with a legitimate reason is another potential defence.. A reasonable excuse must be legitimate and compelling, such as a medical emergency or a genuine fear for one’s safety. For instance, if the driver was injured and needed immediate medical attention, this could justify not stopping. Similarly, if the driver felt threatened by a hostile crowd or an unsafe environment, this could also be considered a reasonable excuse.

Not Being Aware of an Accident

A viable defence against failure to remain or failure to stop charges is demonstrating that the accused was genuinely unaware that an accident had occurred. For a conviction, the Crown must prove that the driver knew or was reckless about the accident. If the accused can show they had no knowledge of the accident, this lack of awareness can negate the intention to leave the scene.

For instance, in cases where the collision is minor, such as a slight bump or scrape, the driver might not realise an accident happened. Nevertheless, this defence requires presenting credible evidence that supports the driver’s claim of unawareness.

Challenges to Witness Credibility

Challenging the credibility of witnesses is a crucial defence strategy in failure to remain or failure to stop cases. Witnesses may provide inaccurate, exaggerated, or inconsistent statements, which can be exploited to undermine the prosecution's case.

In motor vehicle accidents, witnesses might misremember events or alter their accounts to shift blame or avoid liability. Highlighting these inconsistencies can cast doubt on the reliability of their testimony. Additionally, if a witness has a history of making false claims or has been caught lying about their injuries, this information can further erode their credibility. The defence may also call expert witnesses to challenge the accuracy of witness accounts.

The Role of a Criminal Lawyer in Failure to Remain/Stop Cases

Failing to remain or stop at the scene of an accident is a serious charge with severe legal consequences. Here's how a criminal lawyer can assist you in such cases:

Understanding the Charges

A criminal lawyer will explain the charges under both the Criminal Code and the Ontario Highway Traffic Act clearly. They will outline the differences in procedures and penalties under each legislation, helping you understand the specific elements the Crown must prove for a conviction.

Initial Consultation and Case Assessment

The initial consultation with a criminal lawyer is critical. During this meeting, the lawyer will evaluate the facts and circumstances of your case, discuss potential defences, and outline possible legal strategies.

Investigation and Evidence Gathering

A thorough investigation is key to building a strong defence. Your lawyer will gather and review all relevant evidence, including witness statements, police reports, and accident reconstruction data. They will identify any procedural errors or violations of your rights that can be leveraged in your defence.

Challenging the Prosecution’s Case

Your lawyer will employ various strategies to dispute the Crown’s evidence. This includes highlighting inconsistencies, inaccuracies, or exaggerations in witness testimonies. They may also use expert witnesses, such as accident reconstruction specialists, to challenge the prosecution’s narrative and provide alternative explanations of the events.

Defending Against the Charges

A criminal lawyer will prepare and present possible defences in court, such as factual innocence, reasonable excuse, lack of knowledge of the accident, or violations of your Charter rights. By meticulously preparing for trial and presenting a compelling defence, your lawyer aims to weaken the prosecution's case and achieve the best possible result, whether through negotiation or at trial.

Having an experienced criminal lawyer by your side is essential in failure to remain or failure to stop cases. They provide the expertise, resources, and strategic thinking necessary to navigate the legal system effectively and to advocate vigorously on your behalf.

Contact an Experienced Criminal Lawyer

Failure to remain and failure to stop at the scene of an accident are serious charges with potentially severe consequences. If you or someone you know is facing these charges, it is crucial to seek the advice of an experienced criminal defence lawyer as soon as possible. Professional legal representation can make a significant difference in the outcome of your case.

At Pyzer Criminal Lawyers, our dedicated team is committed to providing the highest quality legal representation. With years of experience and a deep understanding of criminal law, our lawyers are equipped to handle even the most challenging cases.

Frequently Asked Questions

What is a "Conveyance" According to the Criminal Code?

Under the Criminal Code of Canada, the term "conveyance" refers to any motorised or non-motorized vehicle used for transportation. This broad definition includes cars, trucks, motorcycles, bicycles, boats, aircraft, and even horse-drawn carriages. Essentially, any means of transport that can be operated or controlled by a person falls under the category of a conveyance.

How Does the Prosecutor Establish that I Failed to Stop at the Scene of an Accident?

To establish that you failed to stop at the scene of an accident, the prosecutor must prove several key elements beyond a reasonable doubt:

Operation of a Conveyance: Evidence must show that you were operating a vehicle, as defined broadly under the Criminal Code, at the time of the accident.
Involvement in an Accident: The prosecutor must demonstrate that the conveyance you were operating was involved in an accident with another person or vehicle. This can be proven through eyewitness accounts, surveillance footage, vehicle registration records, and physical evidence (e.g., fingerprints on the vehicle).
Knowledge or Recklessness: The Crown must prove that you knew or were reckless about the accident occurring. Even if you didn't see the accident, the prosecution may argue that a reasonable person in your position would have known about it based on the circumstances.
Failure to Comply Post-Accident: The prosecutor must show that you failed to stop your vehicle at the scene. This is often proven through witness testimonies, surveillance footage, and physical evidence (e.g., tire marks, debris). Plus, you failed to provide your name and address, or offer assistance to anyone injured or appearing to need help.

The prosecutor aims to satisfy these elements and secure a conviction by presenting credible evidence such as witness testimonies, accident reports, and relevant surveillance footage.

Is Failing to Remain at the Scene of a Single-Vehicle Accident a Criminal Offence?

Failing to remain at the scene of a single-vehicle accident is generally not considered a criminal offence under the Criminal Code of Canada if no passengers are injured. The legal obligation to stop and remain at the scene primarily applies when another person or another conveyance is involved.

However, under the Ontario Highway Traffic Act, there may still be obligations to report the accident to authorities or provide assistance if property damage or injuries are involved.