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Criminal Code s.320.16

Fail to Stop After Accident charges in Oshawa, 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
Durham Region Courthouse (Ontario Court of Justice)
Court Phone
(905) 743-2600
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.

v.

Notes for Oshawa

Durham Region summary criminal matters (Pickering, Ajax, Whitby, Oshawa) are heard at the Durham courthouse on Bond Street in Oshawa. HTA tickets and POA matters from Durham Regional Police and OPP East are routed to the Rossland Road POA office in Whitby.

Durham Region Courthouse (Ontario Court of Justice)

150 Bond Street East, Oshawa, ON L1G 0A2
(905) 743-2600

Charged with fail to stop after accident?

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