Failure to Stop After an Accident

In the event of a collision involving a person, vehicle, or chattel under someone's care, it is legally necessary for you to provide certain information including your name, address, driver's licence number, and insurance details to any other individuals involved. You are also required to offer aid to any injured individuals. 

Fleeing after knowingly being involved in an accident is a criminal offence commonly referred to as hit and run, failure to remain or stop following an accident. In the Criminal Code this offence is formally known as failure to stop after an accident.

Section 320.16 (1) of the Criminal Code provides the following definition for failure to stop after an accident: “Everyone commits an offence who operates a conveyance and who at the time of operating the conveyance knows that, or is reckless as to whether, the conveyance has been involved in an accident with a person or another conveyance and who fails, without reasonable excuse, to stop the conveyance, give their name and address and, if any person has been injured or appears to require assistance, offer assistance.”

Criminal charges involving a hit and run aren’t restricted to automobile accidents. Conveyances include any motorized vehicle or conveyance such as an aircraft or boat. Additionally, the accident can involve pedestrians and cyclists. 

Failure to stop after an accident can result in hefty fines and lengthy terms of imprisonment. Call (306) 585-1777 to consult a lawyer about your hit and run charge. A lawyer can advise you on the steps to take to protect your interests. 

Potential Penalties for Failure to Stop After an Accident

It is vital to the Crown prosecutor's case to establish that you were the person operating the conveyance involved in the accident. Furthermore, the Crown must demonstrate that you intentionally tried to escape criminal punishment or financial costs.

Failure to Stop After an Accident: Criminal Code Penalties

Failing to remain at the scene of an accident is considered a hybrid offence under the Criminal Code. This means that the Crown prosecutor has the discretion to pursue the charge either as an indictable offence or a summary conviction. However, there is an exception to this rule. If the accident resulted in death, the charge will always be treated as an indictable offence regardless of any other factors.

Potential Criminal Code Penalties for Hit and Run

• Indictment: Maximum of 10 years imprisonment
• Summary Conviction: Maximum of 2 years imprisonment less a day

Aggravating Factors

Failure to Stop After an Accident Resulting in Bodily Harm s. 320.16 (2):

• First Offence: $1,000 fine mandatory minimum
• Indictable Offence: Maximum of 14 years imprisonment
• Summary Conviction: Maximum of 2 years less a day imprisonment

Failure to Stop After an Accident Resulting in Death s. 320.16 (3): A meximum sentence of life imprisonment. 

Call (306) 585-1777 to receive a free consultation with a criminal lawyer if you have been charged with failure to stop after an accident under the Criminal Code.

Failure to Stop After an Accident: Provincial Legislation Penalties

The severity of the accident determines whether the police will charge you under provincial or territorial legislation, which typically imposes less severe penalties compared to those stated in the Code.

Potential Hit and Run Penalties When Charged Under Provincial Legislation

• A fine of up to $2,000
• Maximum of six months imprisonment
• Demerit points applied to your licence
• Driving suspension

Regardless of whether you are convicted at the federal or provincial level, you should also expect your insurance rates to increase. In addition, Criminal Code convictions will result in a criminal record and administrative penalties imposed by SGI.

Call (306) 585-1777 to receive a free legal consultation with a criminal lawyer if you have been charged with failure to stop after an accident.

Don’t Face Your Hit and Run Charge Alone

An experienced criminal defence lawyer is essential when facing a failure to stop after an accident charge. A lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your specific case.

Need a Criminal Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Lawyer

Don't hesitate to reach out to us if you have been charged with failure to stop after an accident. Call (306) 585-1777 and a skilled criminal defence lawyer will discuss your case with you and explore your options.