Failure to Stop After Accident
Criminal Defence Lawyer Mississauga, ON
Failure to stop after an accident is codified both under provincial and federal legislation. Under the provincial legislation failure to stop is governed by the Ontario Highway Traffic Act. In federal law, the offence of failure to stop at after an accident is codified in the Criminal Code of Canada. This information below will only talk about the offence in the Criminal Code not the offence under the Highway traffic Act.
In the Criminal Code of Canada, the offence is mentioned under section 320.16(1) which reads
“Everyone commits an offence who operates a conveyance and who at the time of operating the conveyance knows that, or is reckless as to whether, the conveyance has been involved in an accident with a person or another conveyance and who fails, without reasonable excuse, to stop the conveyance, give their name and address and, if any person has been injured or appears to require assistance, offer assistance.”
If the accident results in either bodily harm or death of another person, the appropriate criminal charge for these offences also mentioned in section 320.16 of the Criminal Code. The definition of conveyance is mentioned in the Criminal Code and includes a motor vehicle.
It is the duty of the prosecutor to prove the elements of the offence beyond a reasonable doubt. All the elements of a failure to stop after accident charge must be met in order to convict the offender. If you are charged with this offence you may have a defence available depending on the facts of the case. Your criminal defence lawyer will advise you if there are any legal defences to your alleged charge which may negate the elements of the offence and advocate for you.
Do not plead guilty until you have either consulted with duty counsel or a Criminal Defence Lawyer regarding your criminal case.
Contact an experienced Criminal Defence Lawyer today at (905) 230-4529 and book your free consultation. As a Criminal Defence Lawyer in Mississauga, I will defend your case and fight for you to ensure that you obtain the best possible outcome in a time effective manner.
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