Leaving the scene of a collision isn’t just a mistake – it’s a decision that can lead to serious consequences. Hit and run charges in Ontario can extend far beyond what you might expect, with serious legal and financial repercussions.
What starts as a moment of panic can quickly spiral into legal trouble, financial burdens, and personal fallout. We’re talking about more than just fines; you could face criminal charges, skyrocketing insurance rates, and even challenges with travel or employment.
So, let’s walk through these consequences together and understand why it’s crucial to know your rights and seek legal help if you ever find yourself in this situation.
Legal Consequences of Leaving the Scene of a Collision
The legal consequences of failure to remain at the scene of an accident in Ontario are severe and can have a lasting impact on your life.
The law (section 200 of the HTA) is clear: if you’re involved in an accident, no matter how minor, you’re required to stop, provide your information, and offer assistance if necessary. Failing to do so is considered a serious offence under the Highway Traffic Act and can also lead to criminal charges under the Criminal Code of Canada, depending on the circumstances. This raises the question for many drivers: is a hit and run a criminal offense?
Penalty for Leaving the Scene of an Accident in Ontario (under the HTA)
Under Section 200 of the HTA, the penalties for leaving the scene of a collision include:
- Fines: While the minimum fine is $400, the maximum fine can go up to $2,000.
- Demerit points: A conviction for failing to remain at the scene of a collision results in 7 demerit points.
- Licence suspension: There is no automatic suspension for a first offence under the HTA, but the court may impose a suspension of up to 2 years.
- Imprisonment: The HTA provides for the possibility of imprisonment for up to 6 months, though this is not common for a first offence unless aggravating circumstances are present.
These Ontario penalties for leaving the scene of an accident are specific to violations under the HTA. If the case involves more serious circumstances, such as injury or death, it could be prosecuted as fail to remain under the Criminal Code of Canada, which carries much harsher penalties, including potential life imprisonment for hit-and-run cases involving death.
Penalties for Fail to Remain (under the Criminal Code)
Under the Criminal Code of Canada, leaving the scene of an accident in Ontario where someone is injured or killed can lead to:
- Minimum fine: $1,000. Unlike the HTA, the Criminal Code does not prescribe specific fines for failing to remain at the scene; however, the courts may impose fines as part of sentencing.
- Lifelong criminal record.
- Licence suspension: Depending on the severity of the incident, your driver’s licence could be suspended for a minimum of 1 year and up to 10 years.
- Jail time:
- Summary conviction: Up to 2 years less a day.
- Indictable offence: Up to 10 years in prison.
- More severe fail-to-stop offences – such as those involving bodily harm or death – can result in even harsher consequences, including life imprisonment.
- Additional penalties can include probation, including conditions like attending mandatory driving courses or community service.
These penalties reflect the serious nature of the offence, and a judge will consider the case’s specifics, including the facts of the allegation and the accused person’s track record.
Other Consequences of Leaving the Scene of a Collision in Ontario
- Insurance premiums increase: If you’re convicted of leaving the scene of an accident, expect your insurance premiums to spike for up to three years (from the conviction date). You might also be labelled a higher-risk driver, which means even higher costs. In some cases, your insurer could deny coverage entirely, leaving you to pay for high-risk insurance at much steeper rates.
- Lawsuits from victims: Victims of the collision can take you to court to recover costs like medical bills and property damage. On top of that, they may seek compensation for pain and suffering, which adds to your financial burden.
- Long-term financial impact: If the court rules against you, you could face wage garnishment or property liens, leading to long-term financial instability. And if the court finds you were grossly negligent, the damages could be even higher, making the financial hit even harder to bear.
Why Legal Representation is Crucial
Being involved in a collision, especially one where you’re accused of leaving the scene of an accident, can be overwhelming. The legal and financial stakes are high, and the choices you make immediately afterward can have lasting consequences. Knowing how to beat a leaving the scene of an accident ticket can make all the difference in defending yourself successfully. This is where having the right legal representation becomes essential.
Here’s why you shouldn’t handle this situation alone:
- Expert guidance and representation: At X-COPS, our team is comprised of seasoned traffic lawyers and former law enforcement officers with years of experience handling fail to remain cases in Ontario. We understand the intricacies of these charges and know how to defend against them effectively. Our expertise can make a difference in getting your charges reduced or even dismissed.
- Protecting your rights: As a driver accused of an offence in Ontario, you are not required to make any statements to the police that could incriminate you. Unfortunately, many drivers are unaware of this and end up saying things that can harm their defence. With X-COPS by your side, we ensure you don’t unintentionally jeopardize your case.
- Dealing with police inquiries: Often, the police will reach out to you, asking you to come in for questioning or to make a statement. Without legal representation, you risk making self-incriminating statements. X-COPS can step in to handle these communications on your behalf, ensuring your rights are protected from the outset.
- Avoiding common pitfalls: Many drivers believe that if they are honest and fully cooperative with the police, they might receive a warning or leniency. However, this is rarely the case. You could unintentionally incriminate yourself without proper legal advice, leading to more severe consequences.
- Comprehensive legal support: If the police have contacted you regarding an Ontario leaving the scene of an accident charge, it’s crucial to seek legal help immediately. X-COPS can handle all communications with law enforcement and represent you in court, working diligently to reduce or dismiss charges, ensuring that your case is managed professionally and your rights are fully protected.
Don’t take chances with such a serious charge. Contact X-COPS today to learn how we can help you navigate this challenging situation and defend your rights effectively. The initial consultation is FREE!