DUI Defence Lawyer in Toronto for Failing to Remain/Stop
Few driving allegations create as much confusion for accused individuals as Failing to Remain or Failing to Stop at the scene of an accident, and much of that confusion stems from the fact that Ontario drivers can be prosecuted under two entirely separate statutes for the same underlying incident.
The criminal offence is codified in section 320.16 of the Criminal Code of Canada and applies to any person having the care, charge, or control of a vehicle, vessel, or aircraft involved in an accident who fails to stop, provide their name and address, and offer assistance where someone is injured or appears to need help, with the intent to escape civil or criminal liability. The provincial counterpart is found in section 200 of the Ontario Highway Traffic Act, which imposes substantially similar duties but without requiring the Crown to prove intent to evade responsibility.
The choice between these two statutes rests with the investigating officer and ultimately the Crown, and it has enormous consequences for the accused. A conviction under the Criminal Code creates a permanent criminal record, while a conviction under the Highway Traffic Act does not, even though both can trigger licence suspensions, steep fines, and jail exposure. Another source of confusion is what actually counts as an “accident” for the purposes of the law. Courts have consistently held that no property damage or injury is required to trigger the duty to stop.
Even a minor contact between two vehicles, a bump against a parked car, or a collision with a pedestrian or cyclist is enough to invoke the statutory obligations. At Erickson Law, we help clients navigate this dual-track legal structure from the very first police contact, and we focus relentlessly on steering cases away from Criminal Code liability wherever the facts allow.
Call (416) 363-3612 or write to info@ericksonlaw.ca to book your free consultation today with an experienced DUI defence lawyer in Toronto.
Penalties and the Hidden Cost of a Conviction
The penalty structure for Failing to Remain reflects how seriously Parliament and the Ontario legislature treat these cases, and the consequences scale dramatically with the harm involved. Under section 320.16(1) of the Criminal Code, the base offence is a hybrid offence carrying a maximum of two years less a day on summary conviction and up to ten years when the Crown proceeds by indictment. Section 320.16(2) addresses failing to remain where the driver knew bodily harm had been caused, exposing the accused to a maximum of fourteen years in prison.
The most grave offence under section 320.16(3) applies where the driver knew death had been caused or was reckless as to whether death would result, and this carries a maximum sentence of life imprisonment. Every Criminal Code conviction triggers a mandatory driving prohibition under section 320.24, a permanent criminal record, and an automatic twelve-month licence suspension imposed by the Ministry of Transportation. Under the Highway Traffic Act, a conviction under section 200 can result in fines between $400 and $2,000, up to six months in jail, seven demerit points, and a discretionary licence suspension of up to two years, but critically no criminal record.
What often catches clients off guard are the collateral consequences. Auto insurance premiums typically surge for three to five years, coverage may be cancelled outright, and many drivers end up in the Facility Association high-risk pool. A criminal record for Failing to Remain can cause serious difficulties at the United States border, create immigration and permanent residency problems for non-citizens, trigger professional discipline proceedings, eliminate employment opportunities requiring a clean background check, and undermine positions in child custody or family law disputes. Given the reach of these consequences, even a seemingly minor fender bender that escalates into a Failing to Remain charge demands an experienced criminal defence lawyer from the outset.
The Defences That can Change the Outcome of Your Case
Failing to Remain cases are often far more defensible than clients first believe, and the most successful defences typically hinge on proof of knowledge, intent, and identification. The Crown carries the burden of proving every element of the offence beyond a reasonable doubt, and each of those elements presents an opportunity for a skilled defence lawyer to create reasonable doubt. The first and most common line of defence is lack of knowledge.
A driver cannot be convicted of failing to remain at an accident they did not know had occurred, so long as they were not reckless about whether contact had taken place. Minor impacts, night driving, loud music, or road noise can all support a credible argument that the accused genuinely believed no accident had occurred. The second critical element under the Criminal Code is intent to escape civil or criminal liability. While section 320.16(4) creates a statutory presumption of this intent where the driver failed to stop, that presumption can be rebutted with credible evidence showing the driver left for another reason, such as fear for personal safety, the need to seek medical attention, an emergency involving a passenger, or a reasonable belief that obligations had been discharged by leaving a note or returning shortly afterward. A third major battleground is identification.
Where a driver leaves the scene, the Crown often has no direct evidence of who was behind the wheel, and the prosecution frequently relies on the owner’s statements to establish identity. This is why we caution every client to exercise their right to silence and speak with a lawyer before answering any police question.
John Erickson’s background as a former Crown prosecutor gives us a decisive edge here, because we know precisely how the Crown builds identification cases and where those cases tend to collapse. Charter arguments are equally important.
We routinely examine potential violations of the right to counsel under section 10(b), arbitrary detention under section 9, and improper search under section 8, any of which can trigger the exclusion of evidence under section 24(2). The landmark decision in R. v. White also protects drivers from having compelled accident reports used against them criminally. Where the evidence permits, we negotiate aggressively with the Crown to have criminal charges withdrawn or reduced to Highway Traffic Act offences, preserving our clients’ records and futures.
Why Erickson Law is the Right Choice for Your Defence
A Failing to Remain charge demands a defence lawyer who can move quickly, communicate clearly, and bring the full weight of criminal law experience to bear on what is often a fast-moving police investigation. Erickson Law has served clients across Toronto, the Greater Toronto Area, and southern Ontario for nearly two decades, and John Erickson’s dual background as a former Crown prosecutor and veteran defence counsel gives our firm a unique strategic advantage.
We understand how these investigations unfold, we know what evidence the Crown prioritizes, and we know where the weaknesses typically lie. Every file we take on is treated as unique rather than forced into a standard template. We review disclosure meticulously, engage collision reconstruction experts where necessary, and prepare every matter as though it will go to trial, which puts us in the strongest possible position during Crown resolution discussions.
Our billing is designed to eliminate uncertainty, with block-fee arrangements available wherever possible and flexible payment plans to ensure that quality representation remains accessible. We are reachable twenty-four hours a day for urgent matters, including fresh arrests, bail hearings, and emergency consultations, because police investigations rarely keep to business hours.
Discretion remains central to our practice philosophy. John Erickson has long maintained that when a lawyer’s name appears in the newspapers, the client has been done a disservice, and that principle of quiet, disciplined advocacy governs every file we handle. If you have been charged with Failing to Remain or Failing to Stop, do not speak further with investigators and do not enter a plea before speaking with us. Call John Erickson directly at (416) 363-3612 to arrange a free, confidential consultation, and take the first step toward protecting your licence, your record, and your future.
