Hit and Run
In a blink of an eye, your life could change forever with a hit and run charge. Hiring a lawyer ensures that there is an effective advocate on your side who will represent your interests.
What is a hit and run?
A hit and run is formally known as “failing to stop and remain at the scene of an accident” under section 320.16 of the Criminal Code of Canada. There are three types of hit and run charges:
- Failure to stop after your conveyance (such as a motor vehicle) was in an accident with another person or their motor vehicle;
- Failure to stop after an accident causing someone bodily harm; and
- Failure to stop after an accident causing the death of another person.
So, if you and your vehicle are involved in an accident with another person and/or their vehicle, you must stop and remain at the scene of the accident. You must give your name and address, and you must offer them assistance if they are injured.
There is no justification if you know that you have been in an accident, and you leave simply because you panicked or were scared.
Related charges that you may also be charged with include dangerous driving and impaired driving.
What is a conveyance?
Under section 320.11 of the Criminal Code, a conveyance refers to:
- A motor vehicle;
- A vessel;
- An aircraft; and
- Railway equipment.
What if you didn’t know you were involved in an accident?
You are obligated to stay at the scene of the accident if you know that you were in an accident or were reckless as to whether the accident occurred. As soon as you are aware that you were just in an accident, you need to remain at the scene.
What does the Crown need to prove?
- You operated a conveyance (such as a motor vehicle);
- You were the driver and had care and control of your vehicle;
- Your motor vehicle was involved in an accident with another person or their vehicle;
- You were aware that you were in an accident or were reckless as to whether an accident occurred; and
- You failed to remain at the scene of the accident, give your name and address to the other parties involved, and offer assistance.
Consequences if found guilty:
A hit and run charge carries with it the potential for very severe penalties if you are convicted. It can affect your daily life and livelihood. For a hit and run charge, you could face a maximum sentence of two years less a day and/or a fine of up to $5,000 if the Crown proceeds by summary conviction. If they proceed by indictment, then you could face a sentence of up to 10 years. If you cause bodily harm, the Crown also has the ability to elect, but the maximum sentence by indictment is 14 years, with a minimum fine of $1,000 for a first offence. If you cause death, the Crown can only proceed by indictment, you could face a sentence of life in prison, with a minimum fine of $1,000 for a first offence. You can also face a driving prohibition.
A lawyer can evaluate your case and obtain the best possible outcome in the circumstances.
It’s vital to hire a lawyer
Being charged with a criminal offence, such as failing to remain, is a stressful and tolling experience. It is important to seek professional advice from a lawyer about your rights from the beginning.
A lawyer can also do much more. They can:
- Work to secure your release with the most favourable conditions;
- Help you navigate the criminal justice system;
- Ensure that the Crown meets its disclosure obligations;
- Identify systematic or administrative errors in the criminal process, including Charter rights violations;
- Speak to the Crown on your behalf, negotiate, and advise you of your options;
- Assess all the evidence against you and build a strong defence, so the charges are withdrawn or you are acquitted;
- Gather further evidence to support your version of the events;
- Obtain a more lenient sentence in the event a guilty plea or conviction is entered.
All criminal cases are complex and fact specific. We have provided general information about how hit and run cases are handled. Hiring a lawyer provides your best chance at mounting a successful defence. For more information about how we can help, please contact our team.