Fail to stop, criminal code of Canada section 252

Fail to Stop - Criminal Code of Canada section 252


Traffic Accidents involving drivers who fail to stop at the scene of the accident, or "Hit and Run" accidents fall into two difference categories under Canadian Law.

Depending upon the situation, the police officer can charge the driver either under the Criminal Code of Canada for the offence of "Fail to Stop at the Scene of the Accident", or under the Highway Traffic Act of Ontario for "Fail to Remain at the scene of the accident".

Should a driver be charged with either offence charged persons shoud contact OTT Legal at 1-888-668-8946 to discuss your case with one of our licensed paralegals, former prosecutors and retired police officers.

OTT Legal has on its staff former police detectives from the Toronto Police Services Hit and Run Squad, providing legal representation and defense to these types of charges. Should your charge involve a criminal office OTT Legal can refers your criminal charge to a criminal lawyer who will defend you in court.

The Criminal Code of Canada states;
    Every person commits and offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with another person, vehicle, vessel, or aircraft, and with the intent to escape criminal civil liability, fails to stop the vehicle and give his or her name and address and, where any person has been injured or appears to require assistance, does not offer assistance.

The penalty for fail to stop at the scene of an accident under the criminal code where the accused is found guilty of an indictable offence and is liable to imprisonment for a tern not exceeding five years in jail, or is guilty of an offence punishable on summary conviction (fines and/or jail).

If found guilty of fail to stop under the Criminal Code of Canada, the Judge may suspend the drivers licence of the accused may be suspended for a period of three years or more. A conviction for fail to stop at the scene of the accident will dramatically affect the insurance rates by thousands of dollars per year.

Failure to stop at scene of accident - Criminal Code of Canada section 252
252. (1) Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with

(a) another person,

(b) a vehicle, vessel or aircraft, or

(c) in the case of a vehicle, cattle in the charge of another person,

and with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance.

Punishment
(1.1) Every person who commits an offence under subsection (1) in a case not referred to in subsection (1.2) or (1.3) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or is guilty of an offence punishable on summary conviction.

Offence involving bodily harm
(1.2) Every person who commits an offence under subsection (1) knowing that bodily harm has been caused to another person involved in the accident is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Offence involving bodily harm or death
(1.3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life if

(a) the person knows that another person involved in the accident is dead; or

(b) the person knows that bodily harm has been caused to another person involved in the accident and is reckless as to whether the death of the other person results from that bodily harm, and the death of that other person so results.

Evidence
(2) In proceedings under subsection (1), evidence that an accused failed to stop his vehicle, vessel or, where possible, his aircraft, as the case may be, offer assistance where any person has been injured or appears to require assistance and give his name and address is, in the absence of evidence to the contrary, proof of an intent to escape civil or criminal liability.

Fail to Remain - Highway Traffic Act section 200,1 >
Fail to Report Accident - Highway Traffic Act section 199 >

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