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Failing to Stop at the Scene of an Accident
Failing to Stop at the scene of an accident is a criminal offence more commonly known as "Hit and Run", that occurs when a driver leaves the scene of a collision in which someone was injured. This offence carries serious penalties, such as up to five years in prison. If someone was seriously injured or killed and you do not stop, the amount of prison time may be increased. For any Failure to Stop conviction, you will also receive 7 demerit points on your licence, fines and a possible suspension of up to 2 years on your driver's licence.
When involved in a collision, you are required at the very least to offer your best efforts to aid the victims and wait for the police to arrive or you may be charged with Failing to Stop. As a rule of thumb, call 911 immediately in order to get medical help to the victim(s) as soon as possible. This call will also alert the police who will rush to the scene of the accident.
Keep in mind that you do not have to provide the police or anyone else involved in the collision with any information other than the required personal data listed below. Whether or not the police appear to be 'on your side', and although they may encourage you to talk about the details of the accident, they are required by law to make you aware that you have the right to remain silent and anything you say will be used against you in court. You are best advised to remain silent and call an experienced criminal defence lawyer to do all the talking for you.
However, when you're involved in an accident, there is specific personal information that you must give to anyone who was injured or has damage to their vehicle, as well as to police officers or witnesses, upon request. The following information must be disclosed.
As experienced and knowledgeable Ontario criminal defence lawyers, the Ted Yoannou team consults with experts who give us an advantage in terms of our knowledge of police procedures, including the strategies that the police may use to help convict you. We consult with former Ontario police officers and employ detectives to get to the bottom of the story and find the evidence we need to cast a reasonable doubt on the charges. Our goal is to have the charges of Failing to Stop dismissed, leaving you with a clean driving record.
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