Fail to Stop at the scene of an accident is a criminal charge under the Criminal Code of Canada with the following penalties:

• fines
• jail
• licence suspensions
• criminal record for life
• Probation or diversion

The reason the police may consider a charge under the criminal code is usually due to the seriousness of the accident, or the location of the accident.

Usually, a charge of Fail to Stop at the Scene of an Accident is laid where there is:

• a fatality
• serious personal injury, or
• the accident has occurred on private property.

Fail to Remain under the Highway Traffic Act is normally laid by the police where there is only property damage involved.

Where the police are investigating a fail to remain accident or are investigating you as a driver, do not make statements to the police without legal advice first.

The police may have:

• called you
• sent you a letter, or
• arrived at your door asking questions about an accident.

Where the driver makes ANY statement to the police regarding the accident, the police will use that statement to convict the driver.

The police need to solicit a statement in any prosecution for failing to remain, the police need to prove:

• who was the driver
• what happened
• when it happened
• where and how

The police need to prove the “identity evidence”, who was driving the vehicle.

Where the driver states “who was driving the vehicle” the police and prosecution will use this against them in court.

There is no legal obligation to make any statements to the police, contact us for legal advice before speaking to the police.

Fail to Stop Criminal Code of Canada

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, or
• and with intent to escape civil or criminal liability

fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance.

Every person who commits an offence of fail to remain

• is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or
• is guilty of an offence punishable on summary conviction.

Offence involving bodily harm

Every person who commits an offence under subsection (1) knowing that bodily harm has been caused to another person involved in the accident

• is guilty of an indictable offence and is,
• liable to imprisonment for a term not exceeding ten years

Offence involving bodily harm or death

Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life i;

• the person knows that another person involved in the accident is dead; or
• the person knows that bodily harm has been caused to another person involved in the accident and is reckless as to whether the death of the other person results from that bodily harm, and the death of that other person so results

At OTT Legal, our paralegals are licensed by The Law Society of Ontario.

This ensures that you receive the highest level of professionalism, confidentiality, and expertise for your legal representation.

OTT Legal’s team of professionals will always work to drop your charge completely, keeping your driving record and insurance rates at their best.

If we cannot get the charge dropped completely, we will negotiate with the prosecutors to:

• avoid jail
• protect your licence
• avoid suspensions,
• save your demerit points, and
• keep your insurance low

Why risk losing? Contact OTT Legal for a free consultation.