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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Client Reviews

Ramiya Kanagaratnam
Ramiya Kanagaratnam
2021-05-15
Ines Gavran was the first lawyer I contacted after my first criminal offence and after speaking to several other lawyers for multiple opinions, I realized that I felt the most reassured by Ms. Gavran. She made me feel comfortable throughout the process and provided me with updates throughout. I was charged in December and thanks to my amazing lawyer, it was dropped in under 5 months! I’m so grateful I found her!
Mame-Abena Kwarten
Mame-Abena Kwarten
2021-04-28
Ines is a very strong, kind, focused and hard working individual who has done everything in her power to fight the case given to her! I highly recommend Ms. Gavran.
Mohanned Khalil
Mohanned Khalil
2021-04-13
Strong, honest & smart lawyer that will fight for you to the end !
Eric Hansen
Eric Hansen
2021-02-10
Ines is a hard working individual who plans, articulates and executes her profession to the highest level. During my time working with her, no matter the time, she would communicate whenever she was available. I remember it was very late at night and nevertheless, took the time to call and understand what I was going through. Immediately, she understood what she had to do and even went far to diffuse the situation. As a lawyer, she is someone who you can rely on and have 100% trust in. She's not in it for money. She's in it to give the best results to her clients and this has happened for me. Thank you, Ines!
Honest
Honest
2020-12-25
Excelente abogada. Muy inteligente y sympatica. Me recomenda
Alexandra Jack
Alexandra Jack
2020-12-11
She is everything that I ever needed in a lawyer. Always professional, timely, understands the situation, and she really directed me in the right direction. THANK YOU SO MUCH FOR ALL THAT YOU'VE DONE MS. GAVRAN! A true blessing in my life.
Thamara Mendez
Thamara Mendez
2020-06-27
When conducting some research about Criminal defence in Canada for an assignment with my daughter, We were referred to Ms.Gavran to provide her expertise. Ms.Gavran, was thorough, knowledgeable, professional and really helped my daughter and I gain a better understanding to court proceedings, case law, withdrawals vs. Stay of charges in criminal matters and what the process is in terms of getting prints and photos destroyed when a full withdrawal is granted. Ms. Gavran was a pleasure to work with and I would 100% refer her to anyone should they be facing criminal charges. She’s hard working, reliable and she has my utmost confidence.
Wilfred & Noreen Rosario
Wilfred & Noreen Rosario
2019-12-23
Talking to Ms. Gavran I was not sure she would get me a discharge. She looked quite young so I was a bit skeptical. But the way she prepared the case and laid down how I should conduct myself and how to answer the questions from the prosecutor and the Judge it was amazing. She made me feel very comfortable and the end was as she had predicted. I would recommend her anytime. Thanks for helping me Ms. Gavran. I am a free man because of you!! Wilfred
Caroline Muir
Caroline Muir
2019-10-31
Would highly recommend. Very much a knowledgeable grounded lawyer that I would trust to represent me an win.
Blake Durbin
Blake Durbin
2019-09-26
Supportive and kind amongst a killer instinct. I felt confident from the start that this was going to end up in my favor in spite of the circumstances - and she came through for me with flying colours. It was a difficult time and I recieved so much support that I was left without worry. Worth every penny spent. I highly recommend Gavran Criminal Defence.

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