Ines Gavran
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.
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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.
Call Toronto-based Criminal Defence Lawyer Ines Gavran today!
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