Fail to Stop Charge (Accident)Section 252 of the Criminal Code of Canada covers the Fail to Stop at the Scene of an Accident charge.
IMPORTANCE OF THE RIGHT TO REMAIN SILENT WITH A FAIL TO STOP CHARGE
At Daley, Byers we have represented a number of clients who have avoided charges by following our advice. In some instances we have attended at the police station with clients for the purpose of retrieving vehicles or in response to the Police request for a statement. Our statement to the police is simple.
- We are here to pick up our vehicle.
- We are not reporting the vehicle stolen.
- We have nothing else to say.
Note: it is a criminal offence to lie to a police officer in the course of an investigation. It is not a criminal offence to say nothing – that is your right!
ESSENTIAL ELEMENTS THAT THE CROWN MUST PROVE BEYOND REASONABLE DOUBT:
- The existence of an accident;
- Contemporaneous knowledge of the accident by the accused (i.e. It is not sufficient to prove that the accused “should have known”);
- (1)Accused failed to stop the vehicle, or (2) give his or her name and address, or (3) where any person has been injured or appears to require assistance, offer assistance.
- The accident must involve another person, vehicle, vessel or aircraft (i.e. an accident involving the accused’s vehicle and a pole is not covered by this section; i.e. another person can include a passenger in the car.)
- The accused was the driver or had care or control of the vehicle at the time of the accident.
- If the accused fails to perform any of the three (3) duties imposed on him as set out above, he is presumed to have intended to escape civil or criminal responsibility and must present “evidence to the contrary” to rebut that presumption. S. 252(2)
In these cases, the police investigation often takes place long after the accident.
PENALTIES FOR FAIL TO STOP AT THE SCENE OF AN ACCIDENT
- Criminal record
- Possible jail (up to 5 years where there is no injury or death) and a maximum of 10 years where there is injury or death)
- Automatic 1 year licence suspension pursuant to provisions of the Highway Traffic Act
- Possible criminal court ordered driving prohibition
- Substantial insurance rate increase
- No insurance coverage for damage to your vehicle incurred in the accident
REDUCTION TO HIGHWAY TRAFFIC ACT OFFENCE
In some instances, it is possible to negotiate with the Crown a reduction from the Criminal Code offence to the Highway Traffic Act offence.
Reference to other “Fail to Stop Charges”:
- FAIL TO STOP AT THE SCENE OF AN ACCIDENT CAUSE BODILY HARM S. 252 (1.2)
- FAIL TO STOP AT THE SCENE OF AN ACCIDENT CAUSE DEATH S. 252 (1.3)
- FAIL TO REMAIN
If you have any other questions or wish a free consultation call or email. Daley, Byers – Criminal Defence Lawyers.