Fail to Stop After Accident

The Basics

What is fail to stop after accident?

Under Section 320.16 of the Criminal Code, every person who operates a conveyance (vehicle, vessel, or aircraft) and who is involved in an accident must stop, provide their name and address, and offer assistance to anyone who appears injured. Failing to do so — commonly called 'fail to stop' or 'hit and run' — is a serious criminal offence that goes far beyond a traffic ticket.

Consequences

What you're facing

• 1
  Mandatory driver licence prohibition (minimum 1 year for first offence)
• 2
  Criminal record that lasts a lifetime unless a record suspension is granted
• 3
  Up to 10 years imprisonment on indictment; up to 2 years less a day on summary conviction
• 4
  Dramatic insurance premium increases or policy cancellation
• 5
  Civil liability exposure — your insurer may deny coverage and you become personally liable for damages
• 6
  Difficulty travelling to the United States and other countries

Our Approach

How we can help

Fail-to-stop cases turn on whether the Crown can prove you were the driver, that an accident occurred, and that you had knowledge of the accident and wilfully failed to stop. We challenge each element of the offence: identity of the driver, knowledge of the collision, and intent. We also review Charter rights (right to counsel, right to silence) for any violations during the police investigation.

• We appear in court for you
• Full disclosure review
• Prosecutor negotiations
• Flat-fee, no surprises