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Criminal Code s.320.16

Fail to Stop After Accident charges in Caledon, 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.

Courthouse
Orangeville Courthouse (Ontario Court of Justice)
Court Phone
(519) 941-0231
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. Where the accident caused bodily harm the maximum rises to 14 years on indictment; where it caused death the offence is indictable only and carries up to life. A driving prohibition is available at the court's discretion. 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.

v.

Notes for Caledon

Caledon traffic and Provincial Offences Act matters from Caledon OPP and the Town of Caledon bylaw are heard at the Caledon POA Court on Old Church Road. Criminal matters from Caledon proceed at the Orangeville Courthouse on Louisa Street.

Criminal Court

Orangeville Courthouse (Ontario Court of Justice)

10 Louisa Street, Orangeville, ON L9W 3P9

(519) 941-0231

Criminal matters from Caledon and Dufferin County.

Charged with fail to stop after accident?

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