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
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