Failure to stop following an accident or an order from a peace officer, commonly referred to as a hit-and-run, may be a criminal offence that may result in a criminal record.
If you are accused of failing to stop due to an accident or leaking while driving, we strongly recommend that you contact a criminal lawyer as soon as possible.
Components of the offence
Failure to stop following an accident
The Criminal Code sets out the elements of a criminal hit-and-run, namely:
- Driving a means of transportation;
- Being involved in an accident;
- Have the knowledge or be careless to have been involved in an accident;
- Failing to stop and give their information, without reasonable excuse;
- Failing to help an injured person.
Thus, a driver who knows that they have been involved in an accident with a person or other means of transport, or who does not care, and who does not stop to give their name and address as well as to offer assistance to a person injured or who needs assistance, commits an offence, unless they had a reasonable excuse. Moreover, “means of transport” means any motor vehicle, including boats.
Note that your vehicle does not have to be in direct contact with the other vehicle for there to have been an accident. Indeed, the mere fact that your vehicle had contributed to causing the accident is enough.
Finally, you can be charged with hit-and-run even if there is no damage to the vehicle.
Flight
In connection with hit-and-run, it is also an offence to drive a vehicle and fail to stop while being chased by a police officer without a reasonable excuse. According to the Criminal Code, it is imperative to stop your vehicle as soon as circumstances permit.
The officer pursues a vehicle if they follow it with the intention of arresting the driver. The intention of the police officer will be materialized by the activation of his light or sound signals, or both.
Defences
An individual who has a reasonable excuse for failing to meet their obligations after an accident could be found criminally liable.
What is this “reasonable excuse”? Case law and doctrine have set out some examples of what might constitute a reasonable excuse. For example, if another person involved in the accident appears violent or dangerous, it is possible to leave the scene immediately to ensure their safety.
In addition, if a person does not have a reasonable excuse, the court will attempt to analyze the accused’s intention to escape criminal responsibility. The analysis to determine the guilt of the accused will therefore consist in asking whether they intentionally left the scene without providing their information when they knew that they were involved in an accident.
In some cases, forgetting to give information under stress can be considered a valid defence. Each case is different and an experienced defence lawyer will be able to analyze your case well and build a good defense against the lawsuit.
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Sentence
Penalties vary according to the mode of prosecution, the nature and the particular circumstances of the offence.
Thus, failure to stop could result in a maximum prison sentence of 10 years. On the other hand, the penalty for a hit-and-run causing bodily harm, or serious injury, could be up to 14 years in prison, with a minimum fine of $1,000 for a first offence. Finally, a hit-and-run causing death will also result in a $1,000 fine as a minimum penalty for a first offence, but with a maximum penalty of life imprisonment.
If you are charged with a hit-and-run or a flight, the consequences of a conviction can be serious. Contact us without delay for a quality representation.