Failure to Stop/Remain at Scene

CHARGED OR MAY BE CHARGED?
FAIL TO STOP / FAIL TO REMAIN AT THE SCENE OF AN ACCIDENT

If you or someone you know has been charged with FAIL TO STOP also known as FAILING TO REMAIN at the scene of an accident under section 320.16 of the Criminal Code of Canada, you should speak with a criminal defence lawyer at Lawyer UP to discuss your charge.

You may also know that you have left the scene of an accident and could be charged.

DON’T PUT YOUR HEAD IN THE SAND.
CALL NOW. BEFORE THE POLICE ARRIVE AT YOUR DOOR.

You may have VALID DEFENCES. There are proven defence strategies to assist in resolving WITHOUT A CRIMINAL RECORD.

IS FAIL TO STOP OR FAIL TO REMAIN A CRIMINAL OFFENCE?  OR JUST A TRAFFIC TICKET CHARGE?

It can be confusing. “Fail To Stop” also known as a “Fail to Remain” at the scene of a motor vehicle accident is an offence under both

the Criminal Code and the Highway Traffic Act.  The officer in their discretion will charge you under one or the other but you cannot be convicted under both.   If you are charged and convicted under the Criminal Code s. 320.16  for this offence you would receive a criminal  record. You would not receive a criminal record if charged under the Highway Traffic Act (HTA) s 200(1) although you would receive a fine, loss of demerit points, increased insurance and up to 6 months in jail.

We will deal briefly with the HTA offence then focus on the Criminal Code offence below.

SHOULD I SPEAK TO THE POLICE & OTHER TIPS?

Typically, a person who is involved in an accident leaves the scene.

• They may or may not know that they were in an accident but eventually the police investigate, use camera technology and other tools to track down the vehicle and contact their owner.
• The owner may have been the driver or someone in their family. The Police may call you or show up at your residence.
• The Police may say they are there to try to “clear up” a situation or to exclude you from being involved and ask where you were on the night or time of the accident.
• The Police may try to tempt you by saying if you “co-operate” you may only be charged under the Highway Traffic Act and not the Criminal Code.
• Remember that the Police are there to conduct an investigation.
• They are allowed to lie as an investigative tool in order to secure statements from persons they are investigating
• Do not rely on “advice from the police” as they are not acting in your interest
• If you find yourself in this situation, what should you do?

1. Do not speak to the police.
2. Do not make any decisions based on what the police tell you or before you have all the facts. Make that decision AFTER speaking to our office.
3. Do not post evidence or comments online or speak to others about the accident as you create a public record.
4. Do not speak to others about the fail to remain situation – you’ll only create more possibility of witnesses against you.
5. Advise them that you are exercising your right to remain silent and your right to contact your lawyer.
6. They may take you into custody and arrest you but you are far better off in all criminal cases to make no statement to the police.
7. Insist upon calling our office if you are arrested for advice.
8. Remember that any statement you give will likely be used against you.
9. If you give any statements, you end up pinning yourself down to a version of events that you are stuck with and that will hamper your defence.
10. Do Not take any cell phone with you to the police station if you are taken into custody as the police commonly will do forensics on your cell phone while you are in custody
11. Do Not Consent to any form of Search of your home or vehicle. The police need a search warrant.

HOW WE DEAL WITH YOU

We always strive to be courteous and professional in our dealings and realistic.

We will review all documents provided to us, and after investigating all the options we will lay out your options for
either:

• Resolving the matter without a trial; or
• Defending by proceeding towards trial.
• Note: Sometimes where an early resolution is not available, by proceeding through the process of moving towards a trial, the matter can still resolve favourably.

HOW WE DEFEND THESE CASES

• We will gather all the information from you,
• We will request and review the Prosecution’s evidence against you called “Disclosure” and review it with you.
• We will look at all available legal defences
• We will determine whether the Prosecution can prove all the essential elements of the case
• Determine any legal issues, evidentiary issues, factual issues in dispute
• We will set up an initial meeting with the Prosecution’s office to have an informal meeting with the Prosecution(a Crown Pre-Trial) to determine possible resolution of your matter
• Possible resolutions could include withdrawal of charges, absolute discharge, conditional discharge, or reduction to a Highway Traffic Act
• For the multiple options on resolutions see the “Penalties” section below

HIGHWAY TRAFFIC OFFENCE (FAIL TO REMAIN)

In addition, the Highway Traffic Act  (H.T.A.) also creates the offence of Fail to Remain at the scene of an
accident.*

• The penalty upon conviction is a fine of not less than $400 and not more than $2,000 or to imprisonment for a term of not more than six months, or to both, and in addition the person’s licence or permit may be suspended for a period of not more than two years.
• The Act requires you to provide all possible assistance (for example, if someone is injured the minimum might be to place a 911 call and request assistance)
• You can be charged with Fail to Remain even if your car is parked and a car door is opened causing collision with a cyclist or other moving vehicle

Section 200(1) (a) of the H.T.A. provides:

Duty of person in charge of vehicle in case of accident

200 (1) Where an accident occurs on a highway, every person in charge of a vehicle or street car that is directly or indirectly involved in the accident shall,

(a)  remain at or immediately return to the scene of the accident;

(b)  render all possible assistance; and

(c)  upon request, give in writing to anyone sustaining loss or injury or to any police officer or to any witness his or her name, address, driver’s licence number and jurisdiction of issuance, motor vehicle liability insurance policy insurer and policy number, name and address of the registered owner of the vehicle and the vehicle permit number.

Dooring

(1.1) For the purposes of subsection (1), a motor vehicle is deemed to be involved in an accident if any door of the motor vehicle that is open or opening comes into contact with a cyclist, a bicycle or a moving vehicle, even if the motor vehicle is stationary, stopped or parked.

Penalty

(2) Every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $2,000 or to imprisonment for a term of not more than six months, or to both, and in addition the person’s licence or permit may be suspended for a period of not more than two years.  2009, c. 5, s. 54.

CRIMINAL CODE OFFENCE FAIL TO STOP AFTER ACCIDENT, also known as FAIL TO REMAIN AFTER
ACCIDENT

Section 320.16 of the Criminal Code provides:

Failure to stop after accident

320.16 (1) 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.

PENALTIES

The penalty for Failing to Stop (Failing to Remain) at the scene of an accident varies, depending on whether there was any bodily harm caused or death resulting from the collision. There are 3 scenarios you can find yourself in:

Fail to Stop (NO BODILY HARM)

• Section 320.16(1) [failure to stop at accident] (No Injuries/ no death)
• these offences are considered “hybrid” meaning the Crown can elect to proceed by summary conviction or by the more serious indictment method
• If prosecuted by summary conviction, the maximum penalty is 2 years less a day jail and/or a fine of up to $5,000
• If prosecuted by indictment, the maximum penalty is 10 years incarceration
• DNA order – the Crown has discretion to seek a DNA order, always subject to Court approval, as the offence falls under s. 487.04
• Automatic suspension of driving licence by the Ministry of Transportation (Ontario) for 12 months.It will not more than three years, plus the entire period to which the offender is sentenced to imprisonment.
• Driving Prohibition – pursuant to section 320.24 (4) and (5) the court, in cases where there is no bodily harm, in addition to any other punishment that may be imposed on the offender,  has a discretion to make an order prohibiting the accused from driving. The Driving Prohibition can be:
• If by summary conviction, not more than 3 YEARS PLUS the entire period offender is sentenced to prison;
• If by indictment, not more than 10 years, plus the entire period to which the offender is sentenced to prison;
• In addition, ALL sentencing options are open to a judge under this section. Therefore, a judge may order
  any number of option of the following:
  • a conditional or absolute discharge under s. 730
  • a suspended sentence under s. 731(1)(a)
  • a fine under s.  731(1)(b)
  • custody under s. 718.3, 787
  • custody with probation pursuant to s. 731(1)(b)
  • custody with a fine – s. 734, or
  • a conditional sentence – s. 742.1.
    • Huge Insurance rate increases for 3 years. In the most severe of cases, your policy may be cancelled.
    • Your own vehicle damage claim denied if you are involved in an acciden
    • Immigration Consequences – potential removal, application or deportation proceedings
    • Negative effect upon your employment

Fail to Stop CAUSING BODILY HARM

• Section 320.16(2) [failure to stop at accident involving bodily harm]
• If proceeded with by way of summary conviction, liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to the minimum punishments set out in subparagraphs (a)(i) to (iii)

(i) for a first offence, a fine of $1,000,

(ii) for a second offence, imprisonment for 30 days, and

(iii) for each subsequent offence, imprisonment for 120 days;

• If proceeded with by way of indictment, imprisonment up to a maximum of 14 years in jail and the minimum punishments set out in subparagraphs (a)(i) to (iii)

(i) for a first offence, a fine of $1,000,

(ii) for a second offence, imprisonment for 30 days, and

(iii) for each subsequent offence, imprisonment for 120 days;

1. DNA order – the Crown has discretion to seek a DNA order, always subject to Court approval, as the offence falls under s. 487.04
2. An Absolute or Conditional Discharge is NOT AVAILABLE for this charge under s. 730 (1) as it is an “offence for which a minimum punishment is prescribed by law or an offence punishable by imprisonment for 14 years to life”
3. Also, a conditional sentence, pursuant to s. 742.1(c), is ruled out as it is prosecuted by indictment where the maximum incarceration is 14 years to life
4. Criminal Record
5. Automatic suspension of driving licence by the Ministry of Transportation (Ontario) for 12 months.
6. Driving Prohibition – Pursuant to section 320.24 (4) and (5) the court, in cases where bodily harm results, in addition to any other punishment that may be imposed on the offender,  has a discretion to make an order prohibiting the accused from driving.  The Driving Prohibition can be:
   1. If by summary conviction, not more than 3 YEARS PLUS the entire period to which the offender is
      sentenced;
   2. If by indictment, not more than 10 years, plus the entire period to which the offender is sentenced to
      prison;
7. Huge Insurance rate increases for 3 years. In the most severe of cases, your policy may be cancelled.
8. Your own vehicle damage claim denied if you are involved in an accident
9. Immigration Consequences – potential removal, application or deportation proceedings
10. Negative effect upon your employment

Fail to Stop RESULTING IN DEATH

• Section 320.16(3) [failure to stop at accident involving death]
• This is a straight indictable offence
• Is liable on conviction on indictment to imprisonment for life and to a minimum punishment of:

• DNA order – the Crown has discretion to seek a DNA order, always subject to Court approval, as the offence falls under s. 487.04
• An Absolute or Conditional Discharge is NOT AVAILABLE for this charge under s. 730 (1) as it is an “offence for which a minimum punishment is prescribed by law or an offence punishable by imprisonment for 14 years to life”
• Also, a conditional sentence, pursuant to s. 742.1(c), is ruled out as it is prosecuted by indictment where the maximum incarceration is 14 years to life
• Criminal Record
• Automatic suspension of driving licence by the Ministry of Transportation (Ontario) for 12 months.
• Driving Prohibition – Pursuant to section 320.24 (4) and (5) the court, in cases where death results, in addition to any other punishment that may be imposed on the offender, has a discretion to make an order prohibiting the accused from driving.  The Driving Prohibition can be ANY duration that the court considers
  appropriate, PLUS the entire period to which the offender is sentenced to imprisonment;
• Huge Insurance rate increases for 3 years. In the most severe of cases, your policy may be cancelled.
• Your own vehicle damage claim denied if you are involved in an accident
• Immigration Consequences – potential removal, application or deportation proceedings
• Negative effect upon your employment

AGGRAVATING FACTORS ON SENTENCING

The Criminal Code sets out specific factors in section 320.22 for the Court to consider when sentencing in any Fail to Stop offence and to treat them as “aggravating factors” meaning, elements that will support a harsher sentence being imposed:

(a) the commission of the offence resulted in bodily harm to, or the death of, more than one person;

(b) the offender was operating a motor vehicle in a race with at least one other motor vehicle or in a contest of speed, on a street, road or highway or in another public place;

(c) a person under the age of 16 years was a passenger in the conveyance operated by the offender;

(d) the offender was being remunerated for operating the conveyance;

(e) the offender’s blood alcohol concentration at the time of committing the offence was equal to or exceeded 120 mg of alcohol in 100 mL of blood;

(f) the offender was operating a large motor vehicle; and

(g) the offender was not permitted, under a federal or provincial Act, to operate the conveyance.

DRIVING LICENCE SUSPENSIONS AND PROHIBITIONS

As noted above, a conviction of Fail to Stop / Fail to Remain will result in:

1. An AUTOMATIC suspension of driving licence by the Ministry of Transportation (Ontario) for 12 months.
2. A DISCRETIONARY Driving Prohibition as part of the Criminal Court order. For such a period of time as set out in the Court order. The Court could order no Driving Prohibition up to the Maximums they are permitted by law plus any discretionary amounts that they are permitted to add. The parameters have been set out in the
   Penalties section above.

• If a person receives both a driving suspension and a Driving Prohibition they will run concurrently
• A prohibition order in respect of a motor vehicle applies only to its operation on a street, road or highway or in any other public place
• Any driving Prohibition Order takes effect immediately. Therefore, if a prohibition order was made in your case, you can be arrested and charged after leaving the Court after your sentencing if you try to drive your vehicle home after Court. This happens very commonly.

“DRIVE WHILE PROHIBITED” & “DRIVE UNDER SUSPENSION”

If as part of your Criminal Court Sentencing you received a Driving Prohibition, and are caught driving during that period you will be charged with a separate Criminal offence  – Drive while Prohibited under s. 320.18(1) of the Criminal Code.

If you are caught driving in breach of the automatic Ministry of Transportation driving suspension, this  constitutes a Provincial Driving Offence – Drive under Suspension – under s. 53 of the Highway Traffic Act.  This is not a Criminal Offence.  It is, however,  a serious Highway Traffic Offence.

RECORD SUSPENSIONS AND PARDONS

Anyone convicted of an offence under s. 320.16 is eligible for a record suspension pursuant to s. 3 and 4 of the
Criminal Records Act:

• 5 years AFTER the expiration of any sentence imposed on a summary conviction offence, and
• 10 years after the expiration of sentences for all other offences
• Note: Offenders may not have a record suspended if they were convicted of 3 or more offences with a maximum penalty of life in which the offender was sentenced to 2 years or more in each of these offences.

RELEVANT PROVISIONS OF CRIMINAL CODE

Punishment in case of bodily harm

320.2 Every person who commits an offence under subsection 320.13(2), 320.14(2), 320.15(2) or 320.16(2) is guilty of

(a) an indictable offence and liable to imprisonment for a term of not more than 14 years and to a minimum punishment of,

(i) for a first offence, a fine of $1,000,

(ii) for a second offence, imprisonment for a term of 30 days, and

(iii) for each subsequent offence, imprisonment for a term of 120 days; or

(b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to the minimum punishments set out in subparagraphs (a)(i)
to (iii).

Punishment in case of death

320.21 Everyone who commits an offence under subsection 320.13(3), 320.14(3), 320.15(3) or 320.16(3) is liable on
conviction on indictment to imprisonment for life and to a minimum punishment of,

• (a) for a first offence, a fine of $1,000;
• (b) for a second offence, imprisonment for a term of 30 days; and
• (c) for each subsequent offence, imprisonment for a term of 120 days.

2018, c. 21, s. 15

Aggravating circumstances for sentencing purposes

320.22 A court imposing a sentence for an offence under any of sections 320.13 to 320.18 shall consider, in addition to
any other aggravating circumstances, the following:

• (a) the commission of the offence resulted in bodily harm to, or the death of, more than one person;
• (b) the offender was operating a motor vehicle in a race with at least one other motor vehicle or in a contest of speed, on a street, road or highway or in another public place;
• (c) a person under the age of 16 years was a passenger in the conveyance operated by the offender;
• (d) the offender was being remunerated for operating the conveyance;
• (e) the offender’s blood alcohol concentration at the time of committing the offence was equal to or exceeded 120 mg of alcohol in 100 mL of blood;
• (f) the offender was operating a large motor vehicle; and
• (g) the offender was not permitted, under a federal or provincial Act, to operate the conveyance.

• Discretionary order of prohibition — other offences (4) If an offender is found guilty of an offence under section 320.13, subsection 320.14(2) or (3), 320.15(2) or (3) or under any of sections 320.16 to 320.18, the court that sentences the offender may, in addition to any
  other punishment that may be imposed for that offence, make an order prohibiting the offender from operating the type of conveyance in question during a period to be determined in accordance with subsection (5).
• Prohibition period
  (5) The prohibition period is

  (a) if the offender is liable to imprisonment for life in respect of that offence, of any duration that the court considers appropriate, plus the entire period to which the offender is sentenced to imprisonment;

  (b) if the offender is liable to imprisonment for more than five years but less than life in respect of that offence, not more than 10 years, plus the entire period to which the offender is sentenced to imprisonment; and

  (c) in any other case, not more than three years, plus the entire period to which the offender is sentenced to imprisonment.

• Effect of order
  (5.1) Subject to subsection (9), a prohibition order takes effect on the day that it is made.

Stay of order pending appeal

• 25 (1) Subject to subsection (2), if an appeal is taken against a conviction or sentence for an offence under any of sections 320.13 to 320.18, a judge of the court to which the appeal is taken may direct that the prohibition order under section 320.24 arising out of the conviction shall, on any conditions that the judge imposes, be stayed pending the final disposition of the appeal or until otherwise ordered by that court.

WHAT NEEDS TO BE PROVEN TO CONVICT – FAIL TO STOP – CRIMINAL CHARGE

• The accused operated a conveyance (which is defined in the Criminal Code as a motor vehicle, vessel, aircraft, or railway equipment)
• Note: for this example we will assume that the conveyance was a motor vehicle
• you operated a motor vehicle that was involved in an accident with another motor vehicle or “conveyance” or person
• That you were reckless as to whether your vehicle or conveyance was involved in an accident, and
• That you failed to do ALL of the following:

(i) to stop your motor vehicle

(ii) give your name and address; and

(iii)  if any person has been injured or appears to require assistance, offer assistance.

OTHER DEFENCES

• Under the law it is a defence that you were not reckless as to whether you were in a collision
• If you were not actually involved in any collision
• Reasonable excuse: If you had a legitimate reason for failing to remain such as the other vehicle was involved in a road rage incident with you and you feared for your safety but you reported it nonetheless later to the police. Or you had been assaulted by a cyclist or pedestrian or other motorist at the scene and forced to leave due to fear for your safety.
• If you had to leave the scene for a personal medical emergency or similar level reason and you delegated thistask to someone else
• If you left to get help
• If you only realized later that you were in a collision then returned as promptly as you discovered the fact

WHAT IF THE ACCIDENT IS NOT MY FAULT?

Under both the Criminal Code and Highway Traffic Act that regardless of fault you must remain and provide the required information.  Therefore, you cannot leave even if it is not your fault.

WHAT IS RECKLESSNESS?

Recklessness in the case of Fail to Remain encompasses two elements:

• The first is to where you are not sure that you were in an accident such as when you hear a loud noise or impact but ignore any possibility of it being an accident and simply proceed without investigating.
• Second, you can be reckless as to whether someone was injured or died in an accident. You disregard the possibility and proceed onward without investigating whether any persons were injured or died.

WHAT IS AN “ACCIDENT”?

The term “accident” is not defined in section 320.16 of the Criminal Code but generally means any time there is contact between vehicles or a vehicle and a person or cyclist.

IN WHAT CASES DO I HAVE TO REMAIN AT AN ACCIDENT? OR REPORT ACCIDENTS?

CRIMINAL CODE OBLIGATIONS

• Under the Criminal Code s. 320.16 you must remain at any accident with another conveyance or any person where you know you have been in an accident (had contact) or should have known i.e. were reckless as to whether you were in an accident.
• To give your name and address
• To offer assistance if someone has been injured or appears to require assistance
• You fail to give your name and address to the other persons involved in the collision without reasonable excuse
• If you as a driver were legitimately unaware you had hit another person or another vehicle then this would be a defence. Obviously, if you hit a pedestrian and they flew onto your hood or windshield and remained there for a
  while before rolling off you would not be able to sustain that defence.  Whereas clipping a vehicle with a side mirror causing minor damage might be a defence.  If you were driving a heavy truck and hit something that might not be felt by you then that might be a defence. Every case will depend on the particular circumstances.
• If, however, you hit a parked or unoccupied car you must still seek to locate the other driver or owner and leave your information, even on the windshield wiper
• Under the Criminal Code you must provide your name and address to the other driver or person in which you are involved with a collision
• If someone has been injured or appears to require assistance you fail to do so without reasonable excuse

You commit a separate offence of failure to stop resulting in bodily harm or death if you know or are reckless as to whether the accident resulted in bodily harm or death to another person.

HIGHWAY TRAFFIC CODE OBLIGATIONS

If you hit a tree or a hydro pole, or fence, for example, there are other obligations that arise under the Highway Traffic Act.

If you are the driver in a motor vehicle accident, you must:

• Stop and remain at the scene of an accident
• If you have left, return to the scene as soon as safe to do so or as soon as you realize you were in an accident;
• see if everyone else (other pedestrians, cyclists, or occupants of other vehicles involved have suffered any injury)
• Notify police in event of any damage to trees or fences
• Provide all possible assistance;
• Provide your name, address, and insurance information to any person suffering a loss or injury;
• Immediately report the accident to the police if someone is injured;
• report the accident to the police if property damage appears to exceed $2000; and
• report the accident to the police if it involves any door of the motor vehicle that is open or opening coming into contact with a cyclist, a bicycle or a moving vehicle, even if the motor vehicle is stationary, stopped or parked

The Various duties to report accidents arise under Part XIX of the of the Highway Traffic Act  (RECORDS AND REPORTING OF ACCIDENTS AND CONVICTIONS) and in particular  Sections 199-201 thereofwhich are set out in more detail below:

Duty to report accident

199 (1) Every person in charge of a motor vehicle or street car who is directly or indirectly involved in an accident shall report the accident immediately to the nearest police officer and provide the officer the information concerning the accident as may be required by the officer under subsection (3) if,

(a) the accident results in personal injuries or in damage to property apparently exceeding an amount prescribed by regulation; or

(b) the accident involves any door of the motor vehicle that is open or opening coming into contact with a cyclist, a bicycle or a moving vehicle, even if the motor vehicle is stationary, stopped or parked.

Officer may direct person to report accident at another location

(1.1) If, on reporting the accident to the nearest police officer under subsection (1), the person is directed by the officer to report the accident at a specified location, the person shall not furnish the officer described in subsection
(1) with the information concerning the accident but shall forthwith attend at the specified location and report the accident there to a police officer and furnish him or her with the information concerning the accident as may be required by the officer under subsection (3).

Where person unable to report

(2) Where the person is physically incapable of making a report and there is another occupant of the motor vehicle, the occupant shall make the report.

Duty of person in charge of vehicle in case of accident

200 (1) Where an accident occurs on a highway, every person in charge of a vehicle or street car that is directly or indirectly involved in the accident shall,

(a) remain at or immediately return to the scene of the accident;

(b) render all possible assistance; and

(c) upon request, give in writing to anyone sustaining loss or injury or to any police officer or to any witness his or her name, address, driver’s licence number and jurisdiction of issuance, motor vehicle liability insurance policy insurer and policy number, name and address of the registered owner of the vehicle and the vehicle permit number.

Interpretation, dooring

(1.1) For the purposes of subsection (1), a motor vehicle is deemed to be involved in an accident if any door of the motor vehicle that is open or opening comes into contact with a cyclist, a bicycle or a moving vehicle, even if the motor vehicle is stationary, stopped or parked.

Notification of damage to trees, fences, etc.

201 Every person who, as a result of an accident or otherwise, operates or drives a vehicle or leads, rides or drives an animal upon a highway and thereby damages any shrub, tree, pole, light, sign, sod or other property on the highway or a fence bordering the highway shall forthwith report the damage to a police officer.  R.S.O. 1990, c. H.8, s. 201.

HTA PENALTY FOR FAIL TO REPORT ACCIDENT

• As per section 200 (2): the penalty is a fine of between $400 and $2,000 or imprisonment up to 6 months or both. (Jail reserved for more serious and repeat offenders).
• After conviction for failing to remain, the Ontario Ministry of Transportation (MTO) will then impose additional penalties including:

1. 7 demerit points on your Ontario driver’s licence
2. Novice Drivers (G1 and G2) suffer mandatory 30 day licence suspension
3. your licence may be suspended as a result of accumulation of too many demerit points
4. “G” licence drivers suffer a 6 month licence suspension
5. Steep Insurance increases for 3 years (likely 100%) and your insurer may cancel your insurance policy.

DEFENCES TO HTA CHARGE

• Due Diligence –the accused in order to exculpate themselves will seek to establish, on a balance of probabilities, that they were free from fault or that reasonable care and attention had been taken.
• Identity Issue – The defence that the accused was not the driver of the vehicle
• Put the Crown to the Strict Legal Proof – We would insist that even in a case where the cards are against the accused, that the Crown prove all essential elements of the charge and all the facts that support those required elements.  This is proven in Court not on paper. The onus, or requirement, is always on the prosecutor and that proof must be proof of guilt beyond a reasonable doubt.  The defence would challenges the Crown’s case and evidence through the use of calling evidence,  effective cross-examination and closing submissions.
• Reasonable Mistaken Belief – While ignorance of the law by claiming you were simply unaware is not a defence, if the accused is able to prove that he or she honestly and reasonably believed in a mistaken set of facts, and if that belief is true, and proven on a balance of  probabilities, it would make the conduct innocent.

APPEALS OF FAIL TO STOP / FAIL TO REMAIN/ FAIL TO REPORT
CRIMINAL OR HTA CONVICTIONS

If you have been convicted, you can appeal both your conviction or sentence or both. Usually, an appeal must be filed within 30 days of the date that sentence is imposed otherwise leave to appeal must be obtained.

If you have been convicted and wish us to review your options on appeal, please contact us.  We will lay out your options clearly to you.  We may also be able to appeal the driving prohibition in the interim while your appeal is pending.