Hit and Run Lawyers in Toronto
Driving is an activity that is woven into our everyday lives and is often conducted mindlessly. However, small mistakes on the road can result in serious consequences.
Typically, a “hit and run incident” describes a situation where an individual knowingly fails to stop at the scene of an accident, whether colliding with something or someone. 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.
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. These terms can increase if someone was injured as a result of the incident.
Key Takeaways
- Hit and run incidents are very serious charges that 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 and 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 criminal defence lawyer is the best way to protect yourself. A criminal defence lawyer can give you specific advice based on your individual circumstance. They can understand what your rights are and work to defend them. Talking to police about these matters can be tricky, but the right criminal defence lawyer can help you communicate with law enforcement, so you don’t harm yourself. Your case will be fought successfully, as your lawyer will gather evidence, interview relevant witnesses, and get help from expert witnesses.
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 and Run Charge in the Criminal Code of Canada
In Canada a hit and run incident is known as a “failure to stop at the scene of an accident”.
Examples of Hit and Run Charges
- 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 and Run Charge
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.
Hit and Run Charge Defences
If you are facing serious allegations, you will need a strong defence to help you have your charged dropped, or penalties mitigated.
The best defences for a hit and run incident are:
- Factual Innocence: Your lawyer 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.
Remember, the defences of each case will be different based on the individual circumstances, so it is important to get in contact with one of our lawyers to see what defences will be available to you.
Hit and 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. In both aforementioned circumstances, it is important to contact a criminal defence lawyer to help you.
Bail Conditions for Hit and Run Charges
If the circumstances of a hit and run case involve serious bodily harm or death, you may be convicted of a criminal offence under s. 320(16). If you’re arrested, you may be released on a release order, which will indicate what you’ve been charged with, any conditions on your release, and appearances you need to make.
Alternatively, you may need to attend a formal bail hearing, which will be held within 24 hours of your arrest. If you are released on bail there will be certain conditions you have to follow, depending on the circumstances of your case. For instance, no communication with the alleged victim, limitations on driving, limits on places you can visit, etc. It is important to follow the conditions of your bail.
Frequently Asked Questions About Hit and Runs
What is the punishment for leaving the scene of an accident in Canada?
If you’re charged and convicted of a hit and run under s. 200 of the Ontario HTA, you can face $400-$2000 in fines, up to six months in prison, and seven demerit points on your driver’s licence.
What is the criminal code for failure to stop in Canada?
Section 320 (16)(1) covers the hit and run or failure to stop charge in Canada:
Failure to stop after accident
320.16 (1) 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.
If you’re charged with failing to stop under s. 320 (16)(1), and Crown proceeds by summary conviction, you may 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 possible to face both a prison sentence and fine.
If the Crown proceeds by indictment, then the maximum punishment you could face is 10 years of imprisonment.
How long after a hit and run accident can you be charged in Canada?
In Ontario, the Provincial Offences Act stipulates that an alleged hit and run driver can be charged for their role in the offence for up to six months after the incident takes place.
