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Fail to Remain – s.252 CCC

Every driver on the road in Ontario has a duty to remain at the scene when an accident occurs. The requirement to remain at the scene stems from the notion that insurance policies should be exchanged by the parties as well as to ensure that there were no injuries sustained due to the accident. Furthermore, depending on the seriousness of the accident, the police are called in which they need to speak to everyone involved in the accident so that they are able to create a report as to what happened. If one of the parties involved does not remain, this makes it difficult for the police to obtain a clear recollection of the events that occurred prior to the accident.

Drivers who have been involved in a accident are required to:

  • Remain at the scene.
  • Offer as much assistance as possible to other parties involved as well as to police officers who may be present.
  • Give driver license, insurance policy and any other required information to police or to the party involved in the accident.
  • If there is more than $2000 damage, the accident must be reported to police immediately.

The penalty for failing to remain at the scene of an accident is:

  • 7 demerit points.
  • Possible license suspension for up to 2 years.
  • Imprisonment for no more than 6 months.
  • And a fine between $400 and $2000.

Our office defends these charges on a continuous basis. No charge is too difficult for our Lawyers and Paralegals to defend. If you are facing a charge for failure to remain or failure to report an accident, we strongly suggest phoning our office today. Our employees have the skill set to assist you in everything possible to either have these charges withdrawn or to reduce these charges to a minor offence which will have a lower impact on your drivers license as well as insurance. We strongly advise that no one should ever plead guilty to these type of offences. There is usually something that can be done to avoid the penalties associated with these charges.

The Law

The current law under section 252 of the Criminal Code of Canada states the following:

 

  • (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

 


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