Hit and Run Accident – Failing to Remain at the Scene
A Hit and Run Accident is the criminal act of striking a pedestrian, motorist, cyclist, other vehicle, or structure then fleeing the scene of the accident. In an accident, a driver has the legal and ethical duty of stopping to provide the other parties with their licence information. You also have the responsibility in assisting anyone who was injured during the incident with a minimum of contacting an ambulance. It is also required that the police be contacted in a situation where any party was injured.
Failure to remain at the scene of an accident may result in criminal charges if found guilty.
Obligations Following a Minor Collision
Whether the incident involved a fender bender or head-on collision, you are required to remain at the scene until you have exchanged details with the other party. If no one was injured, the incident can be reported to a Ministry of Transportation Accident Reporting Centre within 10 days. Failure to do so may find you to automatically be found guilty of the incident and charged likewise.
Where only property damage exists during the accident and no one is present, it is also your duty to leave a note at the scene as to how you may be reached. Otherwise, you may again find yourself in hot water with a fleeing charge, fines, and escalated insurance rates. Remember that there are cameras all over cities and on cell phones, so it is never a good idea to just leave the scene.
Related Articles: Other Driving Offences
Hit and Run Penalties in Ontario
Section 252 of the Criminal Code of Canada creates the offence of failure to stop at the scene of an accident, and requires proof that the accused was involved in an accident with another person, vehicle, vessel or aircraft ,and that the accused failed to stop his or her motor vehicle to provide his or her name and address and to provide assistance where there is an injury. There is an automatic license suspension under the Highway Traffic Act that results from being found guilty of this offence, as well as a criminal record and increased insurance rates (of 50% or more) for at least three years. There is usually also a driving prohibition under the Criminal Code that is imposed by the judge that runs concurrently with the suspension under the Highway Traffic Act.
Stephen Hebscher and Bruce Karten have had a great deal of success in fighting this criminal charge. In most instances, they have been successful in reducing the criminal charge to one under the Highway Traffic Act, thus preventing their client from having a criminal record. If you have been charged and would like one of our lawyers to take a look at your case, please click here to call us today for a free case evaluation.
If Alcohol is A Factor in A Hit and Run
If alcohol is later found to have been a factor in the incident, and the accused fled the scene to avoid detection for an offence such as impaired driving causing bodily harm, or impaired driving causing death, the sentence would be more severe than if the accused fled the scene simply because he or she panicked. Of course, the manner of driving that led to the accident is always a factor on sentence, and if the accused’s impairment contributed to the cause of the accident, this would be an aggravating factor that would increase the punishment.
In a hit and run, it is not uncommon for the accused persons convicted of fail to remain at the scene of an accident to go to jail for more than two (2) years if there was a fatality. If alcohol was a factor, the sentence would be substantially higher. Having said that, the background of the accused, and whether he or she has a prior criminal record, is also a factor on sentence. Experienced Criminal Defence Lawyers will ensure that the client’s background is fully explored through psychological assessments.
Your Best Defence Against Hit and Run Charges
If you have recently been charged with a hit and run offence, you will need an experienced criminal lawyer right away. Hit & run is a far more serious charge than a normal traffic violation and will be aggressively prosecuted in court. It is not advisable to attempt to defend yourself in court in this situation.
An incident of hit and run does not need to ruin your life. If you’ve been recently charged with leaving the scene of an accident in Toronto, call to speak confidentially to one of our hit & run lawyers about how we can help defend your rights and seek the best possible outcome and help you get your life back to normal again. See what our other clients are saying about us. We can help you too!
I came to Stephen Hebscher with a somewhat irregular case. Both my spouse and I had been mutually charged with domestic assault, a legal situation that neither of us had wished upon each other. While my spouse's lawyer had been content to seek mutually binding peace bonds, Stephen was able to get in front of the case and negotiate a withdrawal of both of our charges- the best possible outcome on BOTH sides of the table – once we successfully completing the PARs program. I remain entirely pleased with Stephen's competency, professionalism and accessibility, and would not hesitate to recommend him as a criminal defence lawyer. L.A.
Mr. Hebscher: I would like to thank you for your excellent representation of me in relation to the domestic assault charges that you worked so hard to have withdrawn. You have made a critical difference in my future and I am very happy with the outcome. I also appreciate your hard work, and the extra time and effort you have put in to deal with all the other issues that came along. I thank you for being a phone call away (or email) even when you did not have to be. I will gladly recommend your services to any of my friends or family should they ever need it. I am very grateful for what you have done.
I am impressed especially after our meeting on Monday – I was resigned that something bad would befall me, so I am very blessed to have this outcome. I thank you for the hard work that you have put into this case, and the dedication on getting me this fantastic outcome! I am so glad that we retained you as my lawyer! You have done an outstanding job and allowed me to now rebuild my life. Thank you, Bruce Karten.
Dave B. (Ajax, Ontario)
We were referred to Stephen Hebscher when our child was in need of legal representation. He was charged with sexual assault. As parents, we were quite frightened for our child but Mr. Hebscher was the calm voice of reason. We are very grateful to Mr. Hebscher for the excellent results he got for our child, as the charges were dropped.
J.N. (Toronto, Ontario)
Mr. Hebscher is a very professional lawyer who takes pride in his work and because of this the end result was the judge ruling me not guilty and I got my innocence and life back. My family and I would like to thank you again Stephen Hebscher for doing a wonderful job and also being a very supportive man.
Chris T. (Scarborough, Ontario)
I am happy to report that Bruce’s superior negotiation strategy and ability to present facts effectively helped convince the Crown to reduce his position. I would like to take this opportunity to thank Bruce for getting my charge withdrawn and keep my criminal record clean.
J.S (Toronto, Ontario)
I looked and found Barrister Stephen Hebscher I introduced myself and my case and after listening to all details he was able to ensure me that my case would go well. All charges against me have be thrown out and my life is back to normal.
Blair H. (North York)
Bruce ...The care and concern you showed us during our dealings certainly helped to reduce the stress we were under. I would recommend you without a second thought. Your winning record is a bonus as well. My husband and myself can't thank you enough for all you've done for our family.
Debi T. (Mississauga, Ontario)
Dear Mr. Hebscher...There are not enough words to express my appreciation for your...giving me your undivided attention at all times, work in my case with your heart and soul, that makes you "ONE OF A KIND" lawyer.
Ahmed A. (Brampton, Ontario)
Mr. Bruce Karten was able to help to extricate me from a very serious criminal case containing severe charges, including weapons –threat to use weapons, death threat, harassment,etc. He succeeded in winning my case. I was discharged; was able to keep my career, and no criminal record. This was a tremendous accomplishment, and I am very appreciative of that.
Nickolai V. (Toronto, Ontario)
Again, from the depth of our hearts we sincerely thank you very much for being my Counsel on this case. We now can say you are the BEST and we will surely recommend you to our friends and anybody here we know who needs the best Lawyer in Ontario. You have done an extremely good job and we are very happy with the outcome this morning.
Roman A. (Markham, Ontario)
Mr. Hebscher was the only lawyer who gave me hope and made me feel like I had a real fighting chance. I am extremely satisfied with the quick results that he delivered, and I am happy to say that he was able to convince the court to drop the charges against me and clear my name.
Tina M. (Toronto, Ontario)