In Ontario, a hit and run can be classified as either a violation of the Highway Traffic Act (HTA) or a Criminal Code offence, depending on the circumstances. The key factor that determines if it’s a criminal offence is the severity of the incident and the driver’s actions after the collision.
When Does Hit and Run Become a Criminal Offense?
In less serious incidents – such as minor collisions or property damage – a hit and run is typically charged under the HTA. This law requires drivers involved in a collision to remain at the scene, provide their information, and report the incident if necessary.
Failing to do so can result in fines, demerit points, and a possible license suspension, but it does not result in a criminal record. However, the consequences of leaving the scene of a collision can still be significant, especially if the incident is escalated due to aggravating factors. This type of charge is often related to incidents where there is no injury or significant harm involved.
A hit and run becomes a criminal offence (also called fail to remain Сriminal Сode) when it involves serious injury, death, or substantial property damage, and the driver intentionally fails to remain at the scene. The Criminal Code treats this as a serious offence because it suggests the driver is trying to evade responsibility. Key factors that escalate a hit and run to a criminal charge include:
- Injury or death caused by the collision.
- Significant property damage that goes beyond minor scrapes or dents.
- Intentional fleeing from the scene with the knowledge of having caused or been involved in the incident.
When charged under the Criminal Code, a hit and run comes with severe penalties, including:
- A lifelong criminal record.
- Minimum fine of $1,000.
- Licence suspension from 1 to 10 years.
- Imprisonment, with sentences up to 2 years less a day (summary conviction) or up to 10 years (indictable offence), especially in cases of injury or death.
For a comprehensive explanation of what happens if you hit and run and how it could impact your life, explore our in-depth article.
The Role of Intent in Hit and Run as a Criminal Offense
A hit and run charge in Ontario becomes a criminal offence when the driver intentionally leaves the scene of a collision. The key factor here is intent – the driver must have known they were involved in an accident and made a deliberate choice to flee. This distinction is crucial in answering the question, “is a hit and run a criminal offense?” – the answer depends on whether the driver knowingly evaded responsibility after causing the collision.
To be a criminal offence, it must be proven that the driver:
- Knew about the collision (awareness of injury or damage).
- Chose to leave without providing information or assistance.
If the incident involves serious injury or death, the charge escalates to an indictable offence.
Under the HTA, hit and run applies to minor incidents, leading to fines and suspensions but no criminal record.
Defences Against Hit and Run Charges
Defenses against criminal hit and run charges focus on intent:
- Lack of knowledge: The driver wasn’t aware of the collision, especially in minor incidents.
- No willful intent: The driver left due to fear, confusion, or an emergency, not to avoid legal responsibility.
- Mistaken identity: The driver wasn’t involved in the incident or wasn’t driving at the time.
For more details on defence strategies, you can check our guide on how to beat a leaving the scene of an accident ticket, which covers essential tips for fighting these charges in Ontario.
When it comes to a hit and run charge, both intent and the severity of the incident – whether it involves injury, death, or significant property damage – determine how serious the charge is. Even if you’re facing a criminal charge under the Criminal Code, you still have options to defend yourself.
If you’re unsure how to proceed, don’t leave your future to chance. Contact a hit and run lawyer at X-COPS for expert guidance on fighting the charge. They can help build a solid defence, challenge the evidence, and work to get the charge reduced or even dismissed. Don’t let a hit and run conviction impact your life – get the help you need from X-COPS today!