Fail to Stop at Scene of an Accident

Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with another person, a vehicle, vessel or aircraft and with intent to escape civil or criminal liability, fails to stop the vehicle, vessel or if possible the aircraft; fails to give his or her name and address, and where any person is injured or appears to require assistance, offer assistance. Evidence that the driver failed to stop the vehicle, vessel or aircraft after an accident, and offer assistance is sufficient to prove the driver was intending to escape civil or criminal liability.   In other words – was involved in an accident and didn’t stay on scene to talk to police, or offer help to anyone involved.

Penalties for failing to stop at the scene of an accident?

The sentence for Fail to Stop can range from a fine to a lengthy jail sentence. 

If bodily harm is known to have occurred out of the accident, and the driver fails to stop and provide name, address and offer assistance, this is an Indictable Offence and the maximum jail sentence is 10 years.

If death is known to have occurred from the accident and the driver fails to stop, provide their name, address and offer assistance, is guilty of an Indictable Offence and the maximum jail sentence is life.

What to do at the scene of an accident?

  1. Call for medical help, if required.
  2. Remain silent, do not talk to the operator of the other vehicle.
  3. Take pictures of the licence plate, the damage and the person’s driver’s licence, ownership and insurance.
  4. Provide your own driver’s licence, ownership and insurance to all other parties.
  5. If the police arrive, ask to speak to a lawyer BEFORE you speak to the police.
  6. Follow your lawyer’s instructions exactly.

What to do if charged?

Remain silent.  You have a right to silence – do so.  You also have a right to lawyer or legal counsel upon detention or arrest – speak with a lawyer now.  You can speak to the lawyer of your choice.  Be sure to speak to a lawyer and learn the ramifications of being charged with Dangerous Driving.

Criminal Defence Lawyers

I am here to help you through the process of being charged.  My job is to make the process easier for you - to review your case in relation to the charge(s) you are facing - address the court when, and as necessary – deal with the Crown Attorney for your matter – and give you the best defence at trial, or plea resolution possible.  Make sure you have a lawyer that understands the law and is prepared to act for you.

You may qualify for Legal Aid:  See Legal Aid Ontario Information.

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