If you are facing hit and run charges, you need a criminal defence lawyer in Toronto to look at your case as soon as possible.
‘Hit and run’ refers to when someone driving gets into an accident and leaves the scene without stopping to help injured people or leave their information. This is against the law, even if the accident was not their fault.
Because hit and run situations are traffic incidents, as well as potential criminal incidents, both the Criminal Code of Canada and the Ontario Highway Traffic Act (HTA) are relevant. If your case proceeds under the HTA, our traffic offence lawyers in Toronto can help you navigate the process.
Section 200 of the HTA makes it an offence to leave the scene of an accident where you are directly or indirectly involved. If you are charged with this offence, you could be required to pay a maximum fine of $2000, face a maximum of six months of jail time, have your licence suspended for a maximum of two years, or face seven demerit points.
The Criminal Code indicates, under section 320 (16) (1) that “failing to stop” after an accident is an offence. This is a hybrid offence, meaning the Crown can choose if they will proceed by indictment (more serious charges) or by summary conviction (less serious charges).
If the Crown proceeds by indictment, you could face a maximum of 10 years of jail time. Alternatively, if the Crown proceeds by summary conviction, you could face up to two years of jail time.
For an accident that caused injuries, the maximum jumps to 10 years. In the most serious cases involving death, the maximum sentence is life imprisonment. For guidance on defending criminal driving allegations, see our criminal driving lawyers in Toronto.
Strategic Criminal Defence is a top Google-rated criminal defence firm in Toronto, with over 500 5-star reviews. Our firm, and our experienced legal team, have defended clients in over 10,000 criminal cases. Leveraging our extensive network of lawyers and decades of experience, we craft defence strategies to help those accused of hitting and running beat the charge.
The lawyers at Strategic Criminal Defence are both highly experienced and dedicated to defending your rights and future in the face of these charges. Contact us today by calling (647) 986-8077.
Key Takeaways
- Hit and run incidents are very serious charges and can result in jail time, heavy fines, licence suspension, and/or demerit points.
- You could face a maximum of 10 years in prison for an indictable offence and up to 2 years if the Crown proceeds as a summary conviction.
- If you are charged under the Criminal Code, the police may release you immediately, with a document outlining your charges and any conditions. However, in some cases you may have to go through a formal bail hearing to be released. This will depend on multiple factors, like the seriousness of the allegations you’re facing or any previous criminal record.
- We understand that dealing with a hit and run incident can be incredibly stressful, but it’s important to remember that with proper representation, these charges can be beaten!
How can a hit & run lawyer in Toronto help?
Regardless of whether you’re facing federal charges under the Criminal Code or provincial ones under the HTA, hiring a Strategic Criminal Defence lawyer is the best way to protect yourself.
Our lawyers can help you right away if you think you might be arrested, with legal advice before charges are even filed, such as whether to turn yourself in and how to deal with the situation without making it worse.
Our lawyers will be there for you at every court appearance and will explain every part of the complicated criminal justice system. You can also learn more about the criminal court process in Toronto. We can give you specific advice based on your individual circumstance. We can understand what your rights are and work to defend them.
A criminal defence lawyer may also be able to negotiate with the Crown to have your charge withdrawn or lessen the jail time or fine imposed.
Hit & Run Charges in the Criminal Code of Canada
According to section 320.16 of the Criminal Code:
Failure to stop after 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.
Examples of Hit & Run Charges
Here are some real-world examples of what could lead to hit and run charges in Toronto:
- Your vehicle coming in contact with another vehicle (whether parked or moving), and in a moment of panic, you drive away without exchanging contact information
- Your vehicle coming in contact with another structure, like a building or a stop sign, and drive away because you think the damage was minimal
- Your vehicle coming in contact with a pedestrian or cyclist, and you drive away because you know you don’t have proof of insurance with you, have a suspended licence, or are under the influence of drugs or alcohol
Consequences of a Hit & Run Charge
If you are charged with a hit and run, which is legally known as “Failure to Stop After Accident,” the penalties depend on whether the accident caused damage to property, injuries, or death.
Hit and run charges are serious issues to deal with. They can come with heavy penalties depending on the nature of the incident. The consequences of a hit and run charge can vary, based on how you are charged. If you are charged through the Ontario HTA, you could be ordered to pay a fine between $400 and $2000. You could also be sentenced to a jail term of up to six months. You may also face both these consequences together. Further, seven demerit points will be applied to your license, and your license could be suspended for having too many demerit points.
If the incident is more serious in nature, you may be charged under the Criminal Code. If this happens, you could face significant negative outcomes depending on whether the Crown chooses to proceed as a summary or indictable offence. It is important to note that a conviction under the Criminal Code could result in you having a criminal record, which could hinder you from travelling or getting certain jobs.
If you’re charged with failing to stop under s. 320 (16)(1), and Crown proceeds by summary conviction, you could be ordered to a pay a maximum fine of $5000. You may also be sentenced to a prison term of up to 2 years. It is also possible to face both consequences.
If the Crown proceeds by indictment, then the maximum punishment you could face is 10 years of imprisonment.
If the offence you are involved with caused bodily harm or death, then the consequences can be even more severe. Mandatory minimum sentences and fines may apply, depending on the severity of the injury, and whether the Crown chooses to proceed by summary or indictment. Hence, it is important that you contact our experienced criminal defence lawyers to help you navigate the stressful and complicated road ahead.
In addition to these criminal penalties, a hit-and-run conviction usually means you can’t drive for a certain amount of time. Your insurance rates will also go up, and you’ll have a criminal record that could make it harder to get a job, travel, or find a place to live.
Hit & Run Charge Defences
If you’re facing a hit-and-run charge in Canada, it can be scary, but there are a few legal defences that might apply to you. Our lawyers can look at the details of your case and figure out the best way to handle it.
These are some of the most common defences that could help you fight a hit-and-run charge:
- Factual Innocence: We may be able to prove that the facts and evidence presented by the Crown do not show that you were involved in the offence. For example, the Crown has to prove that you were the one operating the vehicle involved in the accident, and without this, it is unlikely that you will be convicted. The Crown also has to prove that you purposely tried to get away from criminal punishment or fines. If they are not able to prove this, you may not be convicted. For example, you may be able to prove that you left the scene because you were going to get help, and not because you were evading arrest.
- Violation of Charter Rights: The Canadian Charter of Rights and Freedoms affords you certain rights before and after your arrest. If these rights are violated by the police, it could strengthen your defence.
- Necessity: if you can prove that leaving the scene could not have been avoided through exercising reasonable care or precaution, then you may be able to avoid conviction.
- Timeline of Events: Based on the Provincial Offences Act, a hit and run driver in Ontario can only be charged within 6 months after collision takes place, so if it has been more than 6 months, you cannot be charged.
- Lack of Consent: If you can prove that someone else was driving your vehicle without your consent, you will likely not be charged.
Hit & Run Charge Investigation
A hit and run investigation is usually instigated when a witness or the other party involved informs the police about the incident. The police will investigate the scene, view traffic camera footage, interview witnesses, and create a report to launch the investigation. Through the evidence they collect, they will then attempt to track down the individual they believe is responsible for the incident. Once they locate them, they will likely call or send a letter, asking them to come to the police station to speak to them about the incident. If the person is being charged under the Ontario HTA, they will likely not be taken into custody.
If the offence is more serious, however and the individual is charged under the Criminal Code, the police might obtain a warrant for their arrest, and take them into custody.
Bail Conditions for Hit & Run Charges
If you were arrested for not stopping after an accident (hit and run), you are likely required to follow certain bail conditions while you wait for your court dates.
- A driving ban is the most common condition for hit and run charges. This rule still applies even if you still have a valid driver’s license.
- The court or police may also ask you to give up your driver’s license.
- For more serious hit and run cases, you could be put under house arrest or strict curfew conditions. This could mean that you can only leave your home for work, medical appointments, or legal meetings.
- The court will tell you to check in with a bail supervisor or probation officer on a regular basis. How often you need to report depends on how serious your case is.
- If you plan to move or change your address, you need to tell the court.
If you break any of these bail conditions, you will be charged with a different crime and your bail will be revoked. You will then be held in jail until your trial.
