Hit and Run Lawyer in Toronto: A Guide for Accused People
Introduction
A “hit and run” would amount to the criminal offence of Fail to Remain. This article focuses on the criminal offence of failure to remain, which can be found under s. 320.16(1) of the Criminal Code of Canada. According to that section:
“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 being investigated for a Hit and Run or a Fail to Remain, contact a Hit and Run Lawyer in Toronto, or a Fail to Remain Lawyer in Toronto, right away.
What is the Penalty for Fail to Remain in Ontario
If you are convicted for a Hit and Run in Ontario, you are at risk of the following punishments:
- A maximum term of imprisonment of 10 years if the Crown proceeds by indictment
- A maxoimum term of imprisonment of 2 years and/or a $5,000 fine if the Crown proceeds by summary conviction
There is no minimum sentence for the offence, unlike DUI offences, which carry minimum sentencing requirements.
This means that the sentencing range for a Hit and Run in Toronto is an Absolute Dischrge at the low end of the range, through to jail at the high end of the range.
Consult with a Fail to Remain Lawyer in Toronto to understand where in that range you might fall if found guilty.
Note that if the Fail to Remain or Hit and Run involved the causation of death or bodily harm, the penalty scheme changes.
What Does the Crown Have to Prove for a Fail to Remain
The following is a list of things the Crown Attorney needs to prove beyond a reasonable doubt before you are convicted of a Hit and Run or a Fail to Remain in Toronto:
- Identity (ie, you were the driver)
- You were in an accident with another vehicle or person
- You knew you got into an accident or were reckless about knowing
- You failed to stop your vehicle
- You failed to provide your name and address to the other party
- If an individual was injured, you failed to render assistance to them
- You did not have a reasonable excuse for the act of failing to remain or hitting and running
To assess the strength of the Crown’s case, a Hit and Run Lawyer in Toronto would need to review your disclosure. You may have legal defences available to you.
Can You Go to Jail for a Hit and Run in Ontario
Yes – you are at risk of a jail sentence. The maximum penalties involve a 10 year maximum, if the Crown elects by indictment, and a 2 year maximum, if the election is by summary conviction. Regardless of the election, if you the Hit and Run involved leaving someone behind with injuries, jail is a common sentence delivered by Judges in the Ontario Court of Justice. If you are at risk of a Jail sentence, a crafty Hit and Run Lawyer in Toronto could minimize the extent of that punishment with getting you to take certain steps prior to a guilty plea or sentencing. Consult with one at your earliest convenience, as time is usually of the essence.
Potential Defences to a Fail
There are a number of potential defences you may have to the offence of Hit and Run or Fail to Remain in Toronto, Ontario. Some of these include the following:
- You had a reasonable excuse: An example of this is if you left the scene for medical reasons and not to flee, you may have a legal defence
- You did not know that you were in an accident: As weird as it may sound, it is possible to get in an accident (typically a minor one) and then not know the accident occurred. This may afford you a defence if you are believed
- Necessity: You left the scene out of necessity is a potential defence. Necessity is a complicated legal defence that would result in a full acquittal if accepted
Explore all your available defences with a Fail to Remain Lawyer in Toronto. To do so, lawyer will have to discuss your version of events with you and review the disclosure as well.
Andrew Captan – Hit and Run Lawyer Toronto
Contact Andrew Captan today for a free consultation for your Hit and Run or Fail to Remain charge. He is a Toronto Criminal Lawyer who has been practicing for over 13 years. He can be reached at (647) 878 – 6355, at andrew@captanlaw.com or at his website HERE.
