Fail to Stop – Criminal Code of Canada
If you have been charged with fail to stop after a motor vehicle accident, you are facing a serious criminal offence under the Criminal Code of Canada. This offence applies when a driver is involved in an accident and fails to stop, provide their name and address, and offer assistance where required by law.
Fail to stop is set out in section 320.16 of the Criminal Code. To find you guilty, the Crown Attorney must prove beyond a reasonable doubt that you were involved in an accident, that you knew or were reckless about that involvement, and that you failed to remain at the scene as required.
If you need to speak to a lawyer, call Charitsis Law at 647-930-0200.
Relevant Criminal Code provision:
Failure to Stop After Accident — Criminal Code of Canada (s. 320.16)
[View the full section on the Justice Laws Website (Government of Canada)]
Penalties for Fail to Stop After an Accident
Fail to stop after a motor vehicle accident is treated seriously under the Criminal Code. The consequences depend on the circumstances of the collision, your record, and how the case is resolved.
- Criminal record – A conviction results in a permanent criminal record for life. Criminal records appear on background checks and may affect employment opportunities, professional licences, immigration status. Persons with criminal records will be prohibited from entering the United States.
- Jail sentence – In some cases, the court may impose a custodial sentence. The maximum penalty increases if the accident involved injury or death. Sentencing depends on the facts of the case and your personal circumstances.
- Mandatory driving prohibition – A driving ban is required upon conviction. For a first offence without injury, the minimum prohibition is one year. The court may order a longer period depending on the seriousness of the incident. If the accident involved injury or death, the prohibition can be significantly longer.
- Licence reinstatement process – Once the prohibition period ends, your licence is not automatically restored. You must apply through your provincial licensing authority, pay reinstatement fees, and satisfy any outstanding court conditions before driving again.
- Insurance impact – Insurance companies treat criminal driving convictions seriously. Your insurer may increase your premiums, classify you as high risk, or decline coverage. In some cases, drivers must obtain specialized high-risk insurance, which can be more expensive.
A criminal record or driving ban will affect jobs that require a clean driving history or background check. Professional drivers will be unemployable. Professional regulatory bodies may also review a conviction depending on your field of work.
While these consequences are significant, every case is different. The outcome depends on the evidence, the specific facts of the accident, and how the case is addressed from the start.
Explaining Fail to Stop Under the Criminal Code
A fail to stop charge means the police believe you were involved in a motor vehicle accident and did not remain at the scene as required by law. The issue is not just that you left, but whether you met your legal duties after the collision.
- A collision occurred – The Crown must first prove that a motor vehicle accident took place. This can involve another vehicle, a pedestrian, a cyclist, or property damage.
- You were the driver – The prosecution must prove that you were operating the vehicle at the time of the accident. Identification is sometimes a key issue in these cases.
- You knew, or were aware, of the collision – Knowledge is often the central question. The Crown must show that you knew you were involved in an accident or were reckless about that fact.
- You failed to remain at the scene – Under section 320.16 of the Criminal Code of Canada, a driver must stop as soon as it is reasonable to do so, provide their name and address, and offer assistance if someone may have suffered injury.
Many fail to stop cases focus on whether the driver actually knew a collision had occurred. That issue often determines how the case is decided.
Fail to Stop Allegations: Before Speaking to Police
If police contact you about a fail to stop allegation, you have the right to remain silent and the right to speak to a lawyer before answering any questions.
You are not required to give a statement, and you should not do so without first obtaining legal advice. If you make any statement to the police, they will use the statement in court to convict you of the offence.
In most of these investigations, the focus quickly turns to obtaining admissions or a statement.
- They’ll want to get a statement from you – The most important thing the police need to do is find out who the driver was and get some sort of admission from them.
- Police are trying to confirm who was driving – When a licence plate is reported, officers usually begin with the registered owner. Their first objective is to identify who was the driver at the time of the accident.
- The conversation may sound informal – You may hear phrases such as “we just want to understand what happened” or “we’re trying to get your side of the story.” These statements are part of the investigative process and are meant to obtain information or evidence possibly against you. If you make a statement to the police, the police will use that against you in court.
- Questions may be structured to obtain admissions – Officers may ask whether you were driving, whether you felt an impact, or whether you noticed anything unusual. Even short answers can later be relied upon to establish identity or knowledge.
Statements are documented and preserved. What you say to the police or even other witnesses will be written in police notes or summarized in reports. Those records will become evidence in criminal proceedings against you.
Choosing to remain silent is not an admission of guilt. It is a constitutional right. In fail to stop cases, careful decisions at this early stage can significantly influence how the case develops.
Defending Fail to Stop Charges
If you have been charged with fail to stop under the Criminal Code, the central issue is intent. The Crown must prove that the driver acted with the intent to escape civil or criminal liability. It is not enough to show that someone left the scene. The prosecution must prove a deliberate decision to avoid responsibility.
- Intent to escape liability – The Criminal Code requires proof that the driver meant to avoid legal consequences. Panic, confusion, or misunderstanding does not automatically establish intent. The Crown must show a purposeful act to avoid civil or criminal responsibility.
- Knowledge of the collision – Intent depends on knowledge. If a driver did not know an accident occurred, it becomes difficult to prove an intent to escape liability. Minor impact, traffic noise, poor visibility, or distraction can all become important factual issues.
- Identity of the driver – Before intent can even be considered, the Crown must prove who was driving. The registered owner of a vehicle is not automatically the driver. Identification evidence must be reliable and admissible.
- Statements and surrounding circumstances – What was said after the accident, how police made contact, and the overall context can influence whether intent can reasonably be inferred. A criminal lawyer will carefully examine how statements were obtained and how they may be interpreted in court.
- Strategic resolution options – Where the evidence of intent is weak, a criminal lawyer may raise those concerns with the Crown. In some situations, this may influence whether the matter proceeds as charged or is resolved differently.
In many fail to stop cases, the outcome turns not on whether a collision occurred, but on whether the Crown can prove the required intent beyond a reasonable doubt. That mental element is often the most contested part of the case.
Pre-Trials & Fail to Stop Charges
After disclosure is reviewed, a criminal lawyer will usually arrange a pre-trial meeting with the Crown Attorney.
A pre-trial is a structured discussion between counsel to assess the strength of the evidence and determine how the case should proceed.
Reviewing the Strength of the Evidence
At this stage, the defence carefully analyzes whether the Crown can realistically prove:
- Identity of the driver
- Knowledge of the collision
- Intent to escape civil or criminal liability
If weaknesses exist in proving intent or knowledge, those concerns are raised directly with the Crown.
The Role of Conduct, History, and Damage
Fail to stop cases are not assessed in isolation. The surrounding circumstances often influence how the Crown evaluates resolution options.
Factors that may become relevant include:
Actions after the incident
Courts may consider what the driver did after the incident when assessing intent.
For example, did the driver later contact police, attempt to report the accident, or return to the scene? This post-incident conduct can play an important role in how the situation is interpreted and may influence how the case is viewed overall.
Driving record and personal history
A prior criminal record or history of driving offences may impact how the case is approached.
Conversely, a clean record and strong personal background can be relevant when discussing resolution.
Extent of damage or injury
Minor property damage is assessed differently from collisions involving significant vehicle damage, bodily harm, or fatality.
The seriousness of the consequences often influences the Crown’s position on whether the matter should proceed strictly as a Criminal Code offence.
These factors do not determine guilt, but they can influence how the case is resolved before trial.
Considering Reduced Charges
In some cases, the evidence may not clearly establish the required criminal intent under section 320.16 of the Criminal Code.
Where appropriate, discussions may include whether the matter can be resolved as a provincial offence under the Highway Traffic Act, such as Fail to Remain at the Scene of an Accident.
This distinction is significant.
A conviction under the Criminal Code results in:
- A permanent criminal record
- Mandatory driving prohibition
- Long-term employment and travel consequences
A conviction under the Highway Traffic Act:
- Does not result in a criminal record
- Is treated as a provincial offence
- Still carries fines, demerit points, and possible licence suspension
- May impact insurance, but does not carry the lifelong consequences of a criminal conviction
While every case depends on its specific facts, resolution to a Highway Traffic Act offence can, in appropriate circumstances, significantly reduce long-term consequences.
Determining Whether Trial Is Necessary
If the matter cannot be resolved, the case may proceed to trial, where the Crown must prove every element beyond a reasonable doubt.
The pre-trial stage is often where critical strategic decisions are made. Early review of disclosure, analysis of surrounding circumstances, and structured negotiation can meaningfully influence how the case develops.
Speak With a Fail to Stop Lawyer
A fail to stop charge under the Criminal Code is serious. A conviction can result in a permanent criminal record, a mandatory driving prohibition, and long-term employment and travel consequences.
Early legal advice matters.
When you call 647-930-0200, you will speak directly with a criminal lawyer with experience in both fail to stop (Criminal Code) and fail to remain (Highway Traffic Act) charges. The call allows you to schedule a confidential case review to discuss your situation in detail.
During that review, your lawyer will:
- Examine the disclosure carefully
- Assess whether the Crown can prove knowledge and intent
- Identify weaknesses in identity or investigative steps
- Evaluate whether resolution discussions are appropriate
- Determine whether trial preparation is necessary
Strategic decisions made at the early stages of a case can significantly influence the outcome.
If you have been charged, or if police have contacted you about a fail to stop investigation, call 647-930-0200 to schedule a confidential case review and protect your position from the outset.
Q. What is the difference between fail to stop and fail to remain?
A. Fail to stop is a Criminal Code offence under section 320.16 and can result in a permanent criminal record and a mandatory driving prohibition. It can apply anywhere a motor vehicle accident occurs, including parking lots or private property.
Fail to remain is a provincial offence under the Highway Traffic Act. It generally applies to collisions on a roadway and does not create a criminal record. A conviction typically results in six demerit points, a licence suspension ( often six months ), and insurance consequences.
Both charges affect insurance. However, a Criminal Code conviction may remain on your driving record for five years or more and can impact travel, immigration, and employment in ways a Highway Traffic Act conviction does not.
Q. What if I did not know an accident occurred?
A. Knowledge is an important part of a fail to stop charge under the Criminal Code. The Crown must prove beyond a reasonable doubt that you knew, or ought to have known, that an accident occurred.
If there is a genuine issue about whether you were aware of the collision, this can be a key defence. The specific circumstances, including the nature of the impact and what a reasonable driver would have perceived, are often closely examined in these cases.
Q. Do I need a traffic ticket lawyer for this charge?
A. It depends on the type of charge you are facing. For provincial offences under the Highway Traffic Act, a traffic ticket lawyer or licensed paralegal may be appropriate to handle the matter.
However, if the charge is under the Criminal Code, such as dangerous driving, impaired driving, or fail to stop, you should speak with a criminal defence lawyer. Criminal charges carry more serious consequences, including a permanent record, and require a defence strategy focused on the evidence, legal grounds, and trial process. Speaking with the right type of lawyer early can help you understand your options and how to approach your case.
Q. What if the accident happened in a parking lot?
A. A Criminal Code fail to stop charge can apply anywhere a motor vehicle accident occurs, including parking lots or private property. Highway Traffic Act offences generally apply to incidents occurring on a roadway, although the specific facts of a case may affect how a charge is laid.
Q. Can a fail to stop charge affect travel or immigration?
A. A Criminal Code conviction may affect international travel, including entry into the United States, and may create immigration consequences. A Highway Traffic Act conviction does not create a criminal record and typically does not affect travel or immigration status.
