Toronto Hit Run Failure to Remain Criminal Defence Lawyer

If a person involved in the accident failed to stop and offer assistance to the injured persons, there is a presumption of intent to escape criminal or civil liability.

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Criminal Defence Lawyer defends hit and run, fail to remain charges – Toronto, Brampton, Mississauga, North York

In Ontario, drivers that are involved in an accident have a duty to remain at the scene in order to provide assistance to others involved in the accident, exchange insurance information and for the police to conduct an investigation if required. For this reason, a hit and run or failing to remain at the scene of an accident is an offence under both the Highway Traffic Act (HTA) and the Criminal Code. A conviction under either statute will have a significant impact on car insurance premiums and insurability, in addition to other serious penalties.

hit and run

What is failure to remain at the scene of an accident?

Before proving that an accused failed to remain at the scene of an accident, th Crown must first prove that an accident involving accused’s motor vehicle had occurred beyond a reasonable doubt. Failure to remain at the scene, under both the HTA and the Criminal Code, involve leaving the scene of the accident before completing statutory duties. The difference however is that, under the Criminal Code, the Court must determine whether there was a criminal intent to escape civil or criminal liability. In the case of an accident causing death, the Crown will have to prove that the accused knew someone had died or knew that someone was injured and was reckless as to whether or not death could result from their injuries. Under the Criminal Code, if a person involved in the accident failed to stop and offer assistance to the injured persons, there is a presumption of intent to escape criminal or civil liability. However, the defence can raise evidence to the contrary.

 

Punishment for failing to remain at the scene of an accident

If you are charged and convicted under the HTA, you will not have a criminal record, but you could still face prison time. Penalties for failing to remain at the scene of an accident under HTA include fines of between $400 and $2,000, seven demerit points, a license suspension of up to two years and up to six months imprisonment. However, if the offence is serious, it is far more likely that you would be prosecuted under the Criminal Code. In that case, the maximum penalties depend on the consequences of the accident. Where there are no injuries, the maximum penalty is 5 years imprisonment. If a person suffered bodily harm, the maximum is 10 years, and if the accident caused death to a person, the maximum penalty is life imprisonment if the accused knew that the other person involved in the accident is dead or that the other person suffered bodily harm and is reckless as to whether death results from that bodily harm and the death of that person does result. At Gavran Criminal Defence, our philosophy is that dedication, attention to detail, well prepared strategy and effective advocacy is what secures the best results. If you are charged with a fail to remain at the scene of an accident, call Gavran Criminal Defence immediately at (647) 624-6324 to schedule your initial consultation.

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Portal Plates
Portal Plates
2025-09-10
Ms.Gavran is everything you want in a lawyer. Capable, confident and gets positive results.
Menezes1508
Menezes1508
2025-07-05
⭐⭐⭐⭐⭐ A True Defender in and out of the Courtroom As a deployed soldier, I never imagined I'd be fighting a battle back home—a legal one, brought on by false accusations from an ex-partner. In a country I serve to protect, I found myself suddenly needing protection. That’s when Ms. Ines Gavran entered the picture—and I can honestly say, I do not know where I would be without her. Referred to me by another respected lawyer in Ottawa, Ines proved to be the best decision I could’ve made. She is not only a brilliant trial lawyer but a force to be reckoned with in court. Her preparation is meticulous, her strategy razor-sharp, and her passion for justice burns through every step she takes. She fought relentlessly for me and secured a full acquittal—something I feared might never be possible. Her courtroom presence is powerful—her cross-examinations exposed all the lies and inconsistencies. Outside of court, she was my calm and steady guide, offering excellent advice and support. I truly felt protected with her by my side. She became the armour I needed during an attack on my name, my freedom, and my future. Ines is the perfect balance: aggressive when the fight demands it, composed and easygoing when strategy calls for calm. Not once did she back down, even when the odds were against us. Her energy, intelligence, and sheer determination to win are rare qualities. She truly cares about her clients, and that comes through in everything she does. If you're in Toronto or anywhere in Ontario and need legal help—do yourself a favour and call Ms. Gavran. She will not disappoint. She fights like your freedom depends on it—because to her, it does. I’ll be forever grateful.
Everton Green
Everton Green
2025-06-10
I would like to express my deepest gratitude to Ines Gavran for the exceptional job she did as my lawyer. Her professionalism, dedication, and attention to detail were truly impressive throughout the entire process. Ines was not only knowledgeable and strategic, but also compassionate and understanding. She took the time to listen, explain every step clearly, and always made me feel supported and informed. Her hard work and expertise led to an outcome I’m incredibly grateful for. Thank you, Ines, for everything you’ve done. Your commitment and skill made all the difference, and I couldn’t have asked for better representation. Highly recommended!
Pamela Rodriguez
Pamela Rodriguez
2024-02-25
Ms. Gavran was incredibly helpful and kept active communication throughout my case, and she also offers very accessible services.
Carlos Henrique Schon
Carlos Henrique Schon
2023-04-29
Ms. Gavran was my best voice ever, she was always there to help even beyond my needs, HIGHLY RECOMMENDED, thank you so much Ines!
Alexandra Mendizabal
Alexandra Mendizabal
2023-03-03
Ines thank you so much for all that you have done. She is professional, hard working, and I just know that I'm in the right hands. You know how much you mean to me and my little girl. Thank you thank you thank you Ines.

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