Failure to Remain/Failure to Stop Lawyer in Winnipeg

In Canada, it is a serious offence to leave the scene of a motor vehicle accident without fulfilling certain obligations. This applies to any accident, whether it involves another person, a vehicle, or simply property damage.  The law requires drivers to stop at the scene, provide their name and address, and offer assistance to anyone who may be injured.

These offences are commonly referred to as “failure to stop” or “failure to remain.” While the terminology may vary slightly, both terms describe the act of leaving an accident scene without meeting these legal requirements.

In Manitoba, these offences are governed by both federal law and provincial regulations, making it essential to understand the legal obligations involved. 

The Criminal Code of Canada outlines specific obligations for drivers involved in accidents while operating a conveyance. The term “conveyance” is broadly defined to include any form of transport operated or controlled by a person. This includes motorized vehicles like cars, trucks, and motorcycles, as well as non-motorized forms such as bicycles, boats, aircraft, and even horse-drawn carriages. Essentially, any mode of transportation that a person is responsible for qualifies as a conveyance under Canadian law.

These provisions are set out in the following section of the Criminal Code and escalate in severity based on the consequences of the incident:

• Section 320.16(1) (Failure to Stop at an Accident): Drivers must stop at the accident scene, provide their name and address, and offer assistance to anyone injured. Failing to do so can result in criminal charges.
• Section 320.16(2) (Failure to Stop at an Accident Involving Bodily Harm): If the accident results in bodily harm, the penalties are more severe. Drivers are legally required to stop and assist; failure to comply can lead to potential imprisonment.
• Section 320.16(3) (Failure to Stop at an Accident Involving Death): In cases involving fatalities, the legal consequences are the harshest, with imprisonment of up to life for failing to stop.

Penalties increase in proportion to the severity of the harm caused, with the most serious offences involving bodily harm or death. Exceptions may apply in single-vehicle accidents when there’s no injury to people. If a driver hits a parked car or property, they still have a duty to stop and make reasonable efforts to identify the owner.. Understanding these provisions is key to building a strong legal defence.

Section 155 of the Manitoba Highway Traffic Act outlines the duties of a driver involved in a vehicle accident:

• Stop immediately at the scene. Leaving the scene of an accident, especially if there are injuries or property damage, is a serious offence.
• Provide their name, address, and driver’s licence information to the other party or property owner.
• If the driver is not the owner of the vehicle, they must also provide the owner’s details.
• Exchange insurance information, including the policy number and insurer’s name.
• If required, provide this information to a peace officer.
• Report the accident to the police within seven days if there are serious injuries or fatalities. 

Failing to meet these requirements can lead to charges under the Act, with penalties ranging from fines to potential criminal charges, depending on the circumstances of the incident.

Penalties for failure to remain/failure to stop offences vary depending on the circumstances of the case, including whether bodily harm or death occurred and whether you’re charged under the Criminal Code or the Highway Traffic Act. Understanding the potential consequences is crucial, as convictions can result in heavy fines, imprisonment, and a permanent criminal record.

The Criminal Code of Canada imposes severe penalties for failing to stop at the scene of an accident, with consequences varying based on the harm caused and how the Crown proceeds:

Failure to Stop at an Accident (s. 320.16(1)):

• Summary Conviction: For less serious cases, penalties include a fine of up to $5,000, imprisonment for up to two years less a day, or both.
• Indictment: For more serious cases, the maximum penalty can be up to 10 years in prison.

Failure to Stop Involving Bodily Harm (s. 320.16(2)):

• Summary Conviction: Maximum fine of $5,000 and/or imprisonment for up to two years less a day.
• Indictment: Up to 14 years in prison.
• Mandatory Minimum Sentences:
  • First offence: $1,000 fine.
  • Second offence: 30 days imprisonment.
  • Subsequent offences: 120 days imprisonment.

Failure to Stop Involving Death (s. 320.16(3)):

• This is an indictable offence only, with a maximum sentence of life imprisonment.
• Mandatory Minimum Sentences:
  • First offence: $1,000 fine.
  • Second offence: 30 days imprisonment.
  • Subsequent offences: 120 days imprisonment.

Under Manitoba’s Highway Traffic Act, failing to stop at the scene of an accident can result in significant penalties. Hit-and-run incidents (as they are also sometimes referred to) are classified as a hybrid offence, meaning prosecutors can choose to pursue charges under the Highway Traffic Act or escalate the case to a criminal charge under the Criminal Code.

Penalties under the Highway Traffic Act include:

• Fines: Offenders can face fines ranging from $400 to $2,000, or potentially up to $5,000 upon summary conviction for more severe cases.
• Demerit Points: Offenders may incur demerit points on their driving record. Accumulating too many demerit points can lead to further penalties, including licence suspension.,
• Licence Suspension: A conviction may result in a licence suspension for up to two years. This applies particularly if the offence is serious or if it is not the first violation.
• Criminal Charges: In addition to provincial penalties, failing to remain at the scene of an accident can also lead to criminal charges. This could result in more severe consequences, including potential jail time, especially if there are injuries or significant damage involved.
• Insurance Implications: Offenders may see an increase in insurance premiums following a conviction, as insurance companies often view such violations as high-risk behavior

In cases involving bodily harm or death, the offence may be prosecuted criminally, leading to harsher penalties, including imprisonment. These charges are usually laid under the Criminal Code. 

When determining penalties for failure to stop or failure to remain charges, courts consider various aggravating factors that can lead to harsher consequences. These include:

• Multiple Victims: Accidents involving multiple injuries or fatalities result in more severe penalties.
• High-Speed Competitions: Engaging in racing or reckless driving at the time of the accident increases the severity of the offence.
• Presence of a Minor: Having a child in the vehicle at the time of the incident is viewed as particularly serious.
• Professional Drivers: Drivers who are paid to operate vehicles, like truck or bus drivers, are held to higher standards and face stiffer penalties.
• Impairment: If the driver was under the influence of alcohol or drugs during the incident, this is a significant aggravating factor that can lead to increased penalties. Impairment indicates a greater risk of harm and poor judgement.
• Vehicle Size and Impact: Larger or more dangerous vehicles, such as trucks, can lead to greater penalties due to the increased risk.
• Operating Without Proper Permissions: If the driver was operating a vehicle while their licence was suspended or if they were unlicensed at the time of the incident, this could be considered an aggravating factor, reflecting a higher level of irresponsibility.
• Intent to Flee: If it is determined that the driver intentionally fled the scene to avoid liability or responsibility for the accident, this significantly worsens the offence. Courts view this as a deliberate attempt to evade consequences, which can lead to harsher penalties.
• Criminal History: A history of similar offences or other criminal convictions will lead to more stringent sentencing as it shows the offender’s disregard for traffic laws. 

These factors can drastically affect the outcome of a case, making it essential to have experienced legal representation to minimize their impact.

A criminal lawyer plays a crucial role in helping clients navigate failure to remain or failure to stop charges. From explaining the charges to developing a strong defence, a lawyer provides essential guidance at every stage of the process.

Clarifying the Criminal Charges

A lawyer helps the accused understand the difference between charges under the Criminal Code and Manitoba’s Highway Traffic Act, as well as the penalties and procedures involved in each. They ensure clients fully grasp the elements the Crown must prove for a conviction.

Case Review and Strategy Development

Your lawyer reviews the incident details in the initial consultation and evaluates possible defences. This early strategy session helps set expectations and allows the lawyer to craft a tailored defence approach based on the specific facts of the case.

Collecting Evidence and Conducting Investigations

A key part of the lawyer’s role is conducting a thorough investigation, and gathering critical evidence like witness statements, accident reports, and police records. The lawyer may also identify any procedural errors or violations of the accused’s rights that could strengthen the defence.

Disputing the Prosecution’s Evidence

The lawyer will challenge inconsistencies in the prosecution’s case, including errors in witness testimony or police reports. They may call on expert witnesses, such as accident reconstruction specialists, to offer alternative explanations and weaken the prosecution’s arguments.

Presenting a Strong Legal Defence

In court, the lawyer will present defences such as mistake of fact, reasonable excuse, or lack of knowledge of the accident. Their goal is to either negotiate a favourable outcome or present a compelling defence at trial, aiming to reduce or dismiss the charges.

Having an experienced criminal lawyer is essential to navigating the complexities of these charges and securing the best possible outcome.