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Charged with Failing to Stop After an Accident?
Failing to stop after an accident is a criminal offence, not a traffic ticket. Many people are charged even though they did not intend to flee, did not realize an accident occurred, or believed the damage was minor.
The offence focuses on what you knew (or should have known) at the time and what you did afterward. These cases are highly fact-specific and often defensible.
Failing to stop after an accident — often called “hit and run” — is a criminal offence in Canada. The law requires every driver involved in a collision to stop, provide their information, and offer assistance if someone is injured. Failing to do so can result in jail time, a criminal record, and a licence suspension, even if the damage or injury seems minor.
Many people charged with failing to stop never intended to flee — they may not have realized a collision occurred, panicked, or believed stopping wasn’t necessary. These details matter, and they can make the difference between a conviction and a dismissal.
Our team has successfully defended clients by proving lack of intent, insufficient evidence, and police procedural errors. Don’t plead guilty — contact us today to protect your record, your licence, and your future.
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What is Dangerous Driving?
Dangerous Driving occurs when the Crown alleges that a person operated a motor vehicle in a manner that was dangerous to the public, having regard to all the circumstances.
Courts look at factors such as:
- Speed and manner of driving
- Traffic volume and road conditions
- Weather, visibility, and time of day
- Presence of pedestrians, cyclists, or other vehicles
The legal test is whether the driving amounted to a marked departure from what a reasonable driver would have done in the same situation.
You do not need to cause a collision or injury to be charged. The alleged risk to public safety is enough.
Penalties and consequences
Failing to Stop is treated very seriously by the courts. Depending on the charge, penalties can include:
- A criminal record
- Jail time
- A driving prohibition
- Licence suspension
- Significant insurance consequences
- Immigration consequences for non-citizens
Cases involving bodily harm or death carry substantially higher sentencing exposure.
These cases are not automatic
Not every accident followed by leaving the scene amounts to a criminal offence. The Crown must prove knowledge or recklessness, the absence of a reasonable excuse, and a failure to meet the specific legal duties imposed by the Criminal Code.
Failing to Stop cases require careful analysis of the evidence, including timing, statements, physical damage, witness accounts, and the accused’s state of mind.
Criminal Code: Failing to Stop
Under section 320.16 of the Criminal Code, an offence occurs where a person:
- Operates a motor vehicle, and
- Knows, or is reckless as to whether, the vehicle was involved in an accident with a person or another vehicle, and
- Fails, without a reasonable excuse, to:
- Stop,
- Provide their name and address, and
- Offer assistance if someone is injured or appears to need help
The Crown does not need to prove an intent to flee police. The issue is whether the legal duties following an accident were met.
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.
- Accident resulting in bodily harm
(2) Everyone commits an offence who commits an offence under subsection (1) and who at the time of committing the offence knows that, or is reckless as to whether, the accident resulted in bodily harm to another person.
- Accident resulting in death
(3) Everyone commits an offence who commits an offence under subsection (1) and who, at the time of committing the offence, knows that, or is reckless as to whether, the accident resulted in the death of another person or in bodily harm to another person whose death ensues.
Levels of Failing to Stop Charges
There are three versions of this offence, each increasingly serious:
- Failing to Stop After an Accident
This applies where there is no bodily harm or death. - Failing to Stop Causing Bodily Harm
This applies where the accused knew, or was reckless as to whether, the accident caused bodily harm to another person. - Failing to Stop Causing Death
This is the most serious version and applies where the accused knew, or was reckless as to whether, the accident caused death, or bodily harm that later resulted in death.
Knowledge and recklessness are critical:
One of the most contested issues in these cases is knowledge. The Crown must prove that the accused:
- Knew an accident occurred, or
- Was reckless as to whether one occurred
This is often disputed, particularly in cases involving:
- Minor contact
- Poor weather or visibility
- Noise, confusion, or shock
- Alcohol or drug allegations
- Late-night or high-stress driving
A lack of awareness, or a reasonable explanation for leaving the scene, can be central to the defence.
Types of Impaired Driving Charges Under Canadian Law
DUI / Impaired Driving
An impaired driving charge requires the Crown to prove that a driver’s ability to operate a motor vehicle was negatively affected by alcohol or drugs. The court looks at how the driver functioned, including coordination, judgment, and overall control of the vehicle. Evidence may include observations of poor driving such as swerving, crossing lanes, or involvement in a collision. Police may also rely on physical signs like slurred speech, unsteadiness, bloodshot eyes, delayed responses, or the smell of alcohol.
Over 80
The offence commonly known as “over 80” applies when a driver’s blood alcohol concentration exceeds the legal limit, regardless of whether their driving appeared impaired. The Crown only needs to prove that the driver’s alcohol level was above 80 milligrams of alcohol per 100 millilitres of blood. This is typically established through breath samples analyzed by an approved testing device. In limited circumstances, police may demand a blood sample, but only when a breath sample cannot reasonably be obtained due to medical or practical reasons.
Refusing a Breath Sample
Refusing to provide a breath sample after a lawful police demand is a criminal offence in Canada. This applies to roadside screening devices as well as approved breath testing instruments at the police station. A refusal is treated as seriously as impaired driving or driving over the legal limit and can result in a criminal record, mandatory driving prohibitions, licence suspension, and significant insurance consequences. In some cases, an individual may face both refusal and impaired driving charges arising from the same incident.
Dangerous Driving
Dangerous driving is a criminal offence that involves operating a motor vehicle in a manner that endangers the public. This can include excessive speeding, aggressive manoeuvres, or distracted driving that puts others at risk. A conviction can lead to jail time, a lengthy driving prohibition, and a permanent criminal record. We have successfully reduced dangerous driving charges to careless driving, which is a traffic offence rather than a criminal one, and have had many charges dismissed entirely.
Failing to Stop
Failing to stop after an accident — often called “hit and run” — is a criminal offence in Canada. The law requires every driver involved in a collision to stop, provide their information, and offer assistance if someone is injured. Failing to do so can result in jail time, a criminal record, and a licence suspension, even if the damage or injury seems minor. Our team has successfully defended clients by proving lack of intent, insufficient evidence, and police procedural errors.
Care & Control
Care and control is a criminal driving offence that can apply even when a person is not actively driving. An individual who is impaired or over the legal alcohol limit may be charged if they are found in or around a vehicle and there is a realistic risk it could be put into motion. Sitting in the driver’s seat creates a legal presumption of care and control under the Criminal Code. A conviction may occur unless the individual can prove they had no intention or ability to operate the vehicle.
Frequently Asked Questions
This offence applies when a driver is involved in an accident and does not stop, provide identification, or offer assistance where required by law. It is a Criminal Code offence, not just a traffic violation.
No. A charge can arise even if there is only property damage. The obligation to stop and remain exists regardless of the severity of the incident.
The Crown must prove that the accused knew or ought to have known they were involved in an accident and intentionally failed to stop or remain at the scene.
Penalties may include a criminal record, driving prohibition, fines, probation, and possible jail time. Significantly harsher penalties apply if bodily harm or death is involved.
Defences may include lack of knowledge of the collision, emergency circumstances, mistaken identity, or challenging whether the legal elements of the offence have been proven.
