Toronto Criminal Lawyers Fighting Refusal to Comply and Failure to Stop Charges

In the bustling urban landscape of Toronto, where the rhythm of daily life hinges on mobility, accusations of driving-related offences can disrupt the very foundation of one’s existence. Charges of failure to stop or remain at the scene of an accident or refusal to comply with a police demand, whether under the Criminal Code of Canada or the Highway Traffic Act of Ontario, carry profound implications that extend far beyond mere inconvenience.

At Over 80 Law by Stephen Price & Associates, we recognize the gravity of these charges and are committed to providing unwavering legal defence for individuals facing these challenging circumstances.

Navigating Dual Driving Laws in Ontario

Ontario drivers involved in accidents face potential charges under two distinct legal regimes: the provincial Highway Traffic Act and the Criminal Code of Canada. While the Highway Traffic Act addresses provincial infractions like failure to remain, the Criminal Code covers the more serious criminal offence of failure to stop, demanding proof of knowledge or recklessness regarding accident involvement.

Though differing in intent requirements—criminal charges necessitate proving awareness, while provincial charges focus on conduct—both Acts carry severe consequences. This dual legal framework underscores the critical need for experienced legal counsel to navigate these complexities and mitigate the potential penalties, which can profoundly impact one’s life.

Failure to Stop & Duty to Remain at the Scene of an Accident

Criminal Code: Failure to Stop After Accident

Section 320.16 of the Criminal Code criminalizes the act of failing to stop at the scene of an accident. This offence requires the Crown to prove beyond a reasonable doubt that the accused knew or was reckless as to whether their vehicle was involved in an accident and, without a reasonable excuse, failed to:

Immediately stop their vehicle;
Provide their name and address to other involved parties; and
Offer reasonable assistance to anyone who appeared to be injured.

The severity of this offence stems from the inherent danger of leaving the scene of an accident, particularly when there may be injured parties. The Criminal Code aims to deter such conduct by imposing significant penalties, including potential imprisonment, a criminal record, and substantial fines.

Highway Traffic Act: Duty to Remain at the Scene of an Accident (Failure to Remain)

Section 200 of the Highway Traffic Act addresses the less severe offence of failing to remain at the scene of an accident. This provision focuses on the regulatory aspects of road safety, requiring drivers to exchange driver’s licences and insurance information and report accidents to the authorities.

While the penalties under the Highway Traffic Act are generally less severe than those under the Criminal Code, they can still significantly impact a driver’s life, including fines, demerit points, and potential licence suspensions.

Failure or Refusal to Comply with Demand

The offence of failing or refusing to comply with a lawful demand from a peace officer falls solely under the Criminal Code as it is used in conjunction with the investigation of related criminal acts. This provision, which is set out under section 320.15 of the Criminal Code, is frequently applied in impaired driving investigations, where officers may require:

Breath samples for analysis using approved screening devices (ASDs) or approved instruments (AIs);
Bodily fluid samples, such as blood or urine; or
Performance of physical coordination tests, commonly known as sobriety tests.

Crucially, for a refusal to be deemed an offence, the officer’s demand must be lawful and predicated upon reasonable grounds to suspect impaired driving. This necessitates thoroughly examining the demand’s context, including the officer’s legal authority, the demand’s clarity, and the justification for the officer’s suspicion.

The repercussions of refusing a lawful demand are substantial and can involve penalties equal to or greater than those for driving while impaired and apply even if the driver is not ultimately found guilty of impaired driving. Failure or refusal to comply with demand charges can result in extensive driver’s licence suspensions, substantial monetary fines, potential imprisonment, and the creation of a criminal record.

Consequences of a Failure to Stop, Remain or Comply Conviction

A conviction for failure to stop or failure to comply can have far-reaching consequences beyond the immediate penalties imposed by the court. These may include:

Criminal Record: A criminal record can significantly impact employment prospects, travel opportunities, and other aspects of life.
Increased Insurance Rates: Insurance companies view these offences as high-risk, leading to substantial increases in premiums.
Licence Suspension: A licence suspension can severely restrict mobility and impact daily life.
Employment Consequences: Some employers may terminate employment or refuse to hire individuals with criminal records or driving convictions.
Travel Restrictions: Certain countries may deny entry to individuals with criminal records.

Strategic Defence Against Failure to Comply, Stop, or Remain Charges

Charges related to failure to comply, stop, or remain require a robust defence strategy. At Over 80 Law by Stephen Price & Associates, we meticulously analyze the specifics of your case to identify and leverage potential defences, safeguarding your rights and striving for the best possible outcome.

Challenging the Legality of Demands:

We scrutinize the legality of peace officer demands, ensuring they adhere to procedural and jurisdictional requirements. If the demand was unlawful, we argue for its invalidity, potentially leading to the dismissal of charges.

Establishing Reasonable Excuses:

We help you compile compelling evidence to demonstrate legitimate reasons for non-compliance or departure from an accident scene, such as medical emergencies.

Disputing Identification and Knowledge:

We challenge the accuracy of witness or vehicle identification and establish a lack of knowledge of an accident by rigorously examining available evidence and the circumstances surrounding the incident.

Asserting Violations of The Canadian Charter of Rights and Freedoms:

We conduct thorough investigations to identify any infringements of your constitutional rights during police investigations. If Charter violations occurred, we move to exclude illegally obtained evidence, significantly weakening the Crown’s case.

Combined Defence Approach:

Beyond individual defences, we recognize that cases often require a combined approach. For instance, a lack of knowledge argument may be strengthened by evidence of a Charter violation that led to flawed investigative procedures.

By leveraging our extensive experience and in-depth knowledge of the Criminal Code of Canada and the Highway Traffic Act, Over 80 Law provides a comprehensive defence tailored to your unique situation.

Contact Over 80 Law in Toronto for Trusted Representation Against Your Driving Charge

If you are facing charges related to failure or refusal to comply, failure to stop, or failure to remain, do not hesitate to contact Over 80 Law by Stephen Price & Associates. Our experienced criminal defence lawyers have successfully defended all types of driving-related offences, including operation while impaired by alcohol or drugs, dangerous operation, and various highway traffic offences.

The Over 80 Law team has over 60 years of combined experience and advocates for clients in Toronto and throughout the entire province, in person and online. We proudly serve every city, town, and rural community across Ontario, from major hubs like Ottawa and Hamilton to smaller communities such as Guelph and Kingston. We also provide representation to clients in northern and remote areas. Contact us by phone at 416.365.0766 or by email to schedule a confidential consultation.