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Criminal Code s.320.16

Fail to Stop After Accident charges in Ontario.

Failing to stop after a collision involving another person, vehicle, or animal, with knowledge of the accident. The criminal counterpart to the HTA's Fail to Remain — escalates when injury or death is involved.

Charge
Criminal Code s.320.16
Jurisdiction
All of Ontario
Consultation
Free & Confidential
i.

What the charge means

Section 320.16 of the Criminal Code prohibits a person involved in an accident with another conveyance, person, or animal from failing to stop and provide their name, address, and licence information, or fleeing the scene with knowledge of the accident.

ii.

Penalties

Hybrid. On summary election: up to 2 years less a day. On indictment: up to 10 years (more for bodily harm or death cases). Mandatory driving prohibitions and criminal record on conviction.

iii.

Available defences

  • Lack of knowledge of the accident
  • Reasonable excuse for not stopping (e.g., fear for safety)
  • Identification of the driver
  • Charter compliance of the investigation
iv.

The process

If Crown elects summary, within paralegal scope. If indictable election is made (common for injury cases), we refer to a barrister. Disclosure focuses on the accused's knowledge of the accident.

Charged with fail to stop after accident?

Defence starts with a conversation.

Twenty minutes, confidential, no obligation. We’ll discuss your charge, the realistic outcomes, and the cost of defence before you commit to anything.