A hit and run is more than just a traffic violation – it’s a serious offence with potentially life-altering consequences. Leaving the scene of an accident, whether out of panic or confusion, can lead to severe legal and financial repercussions. So, what happens if you hit and run in Ontario? Let’s break it down and explore the immediate consequences, legal process, and long-term impacts you need to be aware of.
Immediate Consequences of a Hit and Run
When you’re involved in a hit and run in Ontario, the first consequences begin the moment you leave the scene. Failing to remain triggers immediate legal and practical repercussions, including:
- Police investigation: Officers will collect evidence, including witness statements, surveillance footage, and damage assessments, to identify the driver.
- Arrest possibility: If the incident involves serious injuries, fatalities, or evidence of reckless behaviour, police may issue an arrest warrant or make an on-the-spot arrest.
- Notification from police: Once identified, you may be contacted by police or summoned to the station.
- Vehicle impoundment: If your vehicle is located, it may be impounded as evidence.
These immediate actions often lead to further penalties under the Highway Traffic Act (HTA) or the Criminal Code of Canada. For more information on long-term consequences, visit our article on what are the consequences of leaving the scene of a collision.
Scenarios: What Happens in Different Hit and Run Situations
A hit and run in Ontario can occur in various situations, each carrying unique penalties depending on the circumstances. Below are detailed scenarios and their potential legal outcomes.
1. If You Hit and Run a Parked Car
While hitting a parked car might seem like a minor incident, leaving the scene without providing your contact information is considered a hit and run charge in Ontario (provincial offence under the Highway Traffic Act). Here’s what you may face:
- Fines: fines range from $400 to $2,000.
- 7 demerit points
- Licence suspension for up to 2 years if the offence is severe or you are a repeat offender.
- Civil liability: The car owner can sue you for damages in addition to the fines and penalties you face.
- Insurance impact: Even minor hit-and-run incidents will lead to significant increases in insurance premiums, or your insurer may refuse to renew your policy.
*Imprisonment is not typical for hitting a parked car unless the act is part of a larger pattern of reckless or dangerous driving.
2. If You Flee the Scene After Hitting Another Vehicle
If you leave the scene of a collision with another moving vehicle, the penalties become significantly more severe, particularly if the other driver or passengers are injured.
- Fines:
- Under the HTA, you could be fined $400 to $2,000.
- If charged under the Criminal Code, fines start at $1,000, with no upper limit in severe cases.
- Jail time: A Criminal Code conviction for fail to remain Criminal Code charge can lead to up to 2 years less a day for a summary conviction or up to 10 years for an indictable offence.
- Licence suspension: You will face a mandatory 1-year suspension under the Criminal Code, extending up to 10 years in cases involving serious injuries.
- Criminal record: A conviction under the Criminal Code entails a permanent criminal record, affecting employment and travel.
- Insurance consequences: A hit-and-run conviction will drastically increase your premiums or make you uninsurable with many companies.
3. If You’re Caught After a Hit and Run
If you flee the scene and are caught later, the penalties can be harsher because the court may see this as an attempt to evade responsibility. Evidence such as dashcam footage, surveillance, or forensic analysis often leads to identifying the driver.
- Fines: Courts may impose the maximum fines, especially if you delayed reporting the incident. This could mean up to $2,000 under the HTA or significant fines from $1,000 under the Criminal Code.
- Jail time: If charged under the Criminal Code, you could face up to 2 years less a day for a summary conviction or up to 10 years for an indictable offence.
- Licence suspension: Your licence will be suspended for at least 1 year and potentially much longer, depending on the severity of the incident.
- Additional charges: Delaying or falsifying information could lead to additional charges, such as obstruction of justice, which carries up to 10 years in prison, or public mischief, punishable by up to 5 years in prison.
4. If You Hit a Pedestrian or Cyclist and Leave the Scene
The most serious hit-and-run scenario involves hitting a vulnerable road user, such as a pedestrian or cyclist. Fleeing in these cases is treated with the utmost severity.
- Fines: Criminal Code charges for failure to remain will result in a min. fine of $1,000, but for indictable offences, the fines can be significantly higher.
- Jail time: If the victim suffers injuries, you could face up to 10 years in prison. In cases involving fatalities, the sentence increases to life imprisonment.
- Licence suspension: Mandatory suspension begins at 1 year but can extend to decades for severe convictions.
- Criminal record: A conviction guarantees a permanent criminal record, severely limiting future opportunities, including employment and travel.
- Civil lawsuits: In addition to criminal penalties, the victim or their family may sue for damages, adding financial stress to the legal consequences.
Each of these scenarios illustrates the gravity of a hit-and-run offence in Ontario. To minimise the impact, acting quickly and seeking expert legal guidance is critical.
What Happens If You Get Charged with a Hit and Run: Legal Process Explained
If you’re involved in a hit and run in Ontario, the legal process begins immediately after the incident is reported. Here’s a step-by-step breakdown of what you can expect:
I. Police Investigation
After a hit and run is reported, police will initiate a thorough investigation to identify the driver responsible. This includes:
- Collecting evidence: Officers examine the scene for physical evidence like skid marks, debris, or paint transfers between vehicles.
- Surveillance footage: CCTV or dashcam footage from nearby businesses, residences, or other vehicles is often reviewed to track down the fleeing driver.
- Witness statements: Police will interview witnesses who may have seen the incident or recorded critical details such as the licence plate number or vehicle description.
- Forensic analysis: In some cases, forensic experts analyse vehicle damage or debris left at the scene to establish a connection to a specific vehicle.
II. Identifying and Contacting the Driver
Once evidence points to a specific vehicle or driver, police will proceed to:
- Contact the suspected driver: If your vehicle is linked to the hit and run, the police may visit your home or workplace, or call you for questioning.
- Issue a warrant: In more serious cases, such as those involving injuries or fatalities, police may issue an arrest warrant if the driver does not come forward voluntarily.
III. Initial Charges and Court Summons
If identified, the driver will face charges depending on the severity of the incident:
- Minor incidents: For property damage cases, you may receive a court summons outlining the charges under the Highway Traffic Act (HTA).
- Severe incidents: If injuries, fatalities, or reckless behaviour are involved, you will be charged under the Criminal Code of Canada. An arrest may lead to a bail hearing.
The summons will detail the charges, date, and location of your first court appearance.
IV. The Court Process
Once charged, the legal process unfolds in court, typically as follows:
- First appearance: This is where the charges are formally read. You or your lawyer can plead guilty or not guilty.
- Disclosure of evidence: The prosecution will present evidence gathered during the investigation. Understanding how to beat a leaving the scene of an accident ticket is key to building a strong defence strategy.
- Trial or negotiation: If no plea agreement is reached, your case proceeds to trial, where both sides present arguments, evidence, and witnesses.
What to Do If You’ve Been Involved in a Hit and Run
If you’ve left the scene of an accident, taking immediate action is critical to minimise the legal and personal consequences:
- Consult a lawyer immediately: Contact X-COPS before making any statements to the police. Our team can guide you on how to handle the situation and protect your rights.
- Report the incident: Failing to report the collision will only worsen your case. Self-reporting demonstrates responsibility and can be a mitigating factor in court.
- Avoid tampering with evidence: Do not attempt to repair your vehicle or hide evidence before consulting your lawyer, as this could lead to additional charges.
Dealing with the legal process after a hit and run is complex and risky without skilled legal representation. Even a small mistake can lead to harsher penalties or missed opportunities for a better outcome. That’s where X-COPS – Traffic Ticket Fighters step in to protect your rights and fight for the best possible resolution.
Here’s how X-COPS can help:
- Reduce charges: We negotiate to minimise penalties under the HTA or Criminal Code.
- Challenge evidence: Our team identifies weaknesses in the prosecution’s case to build a strong defence.
- Advocate for you: Whether negotiating a plea or representing you in court, we aim to avoid harsh penalties like jail time, fines, or a criminal record.
Don’t face this alone – contact X-COPS for expert legal support today!