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Hit & Run

Hit & Run 2020-06-11T17:37:00+00:00

Your Guide to Leaving the Scene of an Accident Violations by Traffic Lawyers in Calgary

What is Leaving the Scene of an Accident?

Of the over 2 million traffic tickets issued in Alberta each year, leaving the scene of an accident is one of the most serious.

The relevant sections of the Traffic Safety Act of Alberta, state as follows:

Leaving the Scene of an Accident

(2)  The driver of a vehicle that: 

Leaving the Scene of an Accident

According to the Traffic Safety Act, a highway includes any thoroughfare, street, road, trail, avenue, parkway, driveway, viaduct, lane, alley, square, bridge, causeway, trestle way, or any other place that the public is ordinarily permitted to use with their vehicles.

To be convicted of failing to remain at the scene of an accident, the Crown Prosecutor must show that the driver of the vehicle failed to remain at the scene of the accident, or if the driver left the scene, that the driver failed to immediately return to the scene of the accident, unless directed by a peace officer.

Sometimes, the police are unable to locate, track down, or identify the actual driver of the vehicle involved in an accident. If they can prove what vehicle was involved, the registered owner of the vehicle may be charged and found guilty of the offence instead.

Investigation of Failing to Remain at the Scene Violations in Calgary

An investigation of an allegation of failing to remain at the scene in Calgary is typically started by a complaint from a witness to the alleged failing to remain at the scene, a police investigation at the scene of an accident, or the police spotting you leaving the scene of an accident.

The police will request a written, audio, or video statement from the witnesses and launch an investigation.

With over 1,900 police officers, the Calgary Police Service has considerable manpower to devote to such investigations. It is the third largest municipal police force in Canada. The Calgary Police Service Traffic Unit is most likely to investigate.

In the rural areas surrounding Calgary, the RCMP and Sheriffs have authority to investigate these offences.

Penalties for Failing to Remain at the Scene Violations in Calgary

The penalties for a conviction for failing to remain at the scene of an accident are serious:

  • 7 demerit points for failing to remain at the scene of an accident, or 3 demerit points for failing to notify the owner of an unattended vehicle or property damaged in an accident;
  • Up to $2000 fine;
  • Up to 3 month driving suspension;
  • Up to 6 months in jail for the most serious of cases;

Secondary consequences for a failing to remain a the scene conviction can include an increase to insurance premiums, and insurance liability if an accident has occurred.

Defending Failing to Remain at the Scene Violations in Calgary

What are the best defences to failing to remain at the scene violations in Calgary?

With potentially serious penalties, you need a serious defence. Typically, the best defences for a failing to remain at the scene ticket are:

  • Factual Innocence: this is usually the strongest defence if you can show that your vehicle was not involved in an accident.
  • Violation of Constitutional Rights: the Canadian Charter of Rights and Freedoms of 1982 sets out your rights before and after your arrest. If they were not followed to the letter by the police, it will aid your defence.
  • Necessity: you can avoid a conviction if you can prove that leaving the scene of an accident could not have been avoided by exercising reasonable care or precaution.
  • Technical Defence: While the Crown Prosecutor can ask the Court to amend minor errors on your ticket, some fatal technical errors may result in your charges being dropped. For example, your ticket might be withdrawn if it does not have a date, if the police officer did not sign it, or if your name is spelled incorrectly. Moreover, the police only have six months from the date of the offence to charge you with failing to remain at the scene.
  • No consent: you will not be found guilty if you can show that someone else was driving your vehicle without your consent.

Unlike for a criminal offence under the Criminal Code, the Crown does not have to prove that you intended to leave the scene of an accident. If there is evidence that you left the scene of an accident where someone was injured, or with intent to avoid civil or criminal liability, you may be charged with a criminal offence under the Criminal Code, which states as follows:

Leaving the Scene of an Accident

For more information about the Criminal version of this offence, please visit that section of the website here.

The prosecutor does, however, have to establish that you knew a collision had occurred. In any event, the burden of proof remains on the prosecution. This means that there are many successful defence strategies that our experienced defence lawyers can take, including those outlined above.

Even if the charges proceed and you are found guilty, a good defence can greatly reduce the severity of the consequences.

What can a lawyer do to help me defend against failing to remain at the scene violations in Calgary?

Our lawyers will thoroughly review your disclosure package and determine the best strategy for your specific case. We will then negotiate with the Crown to have your ticket withdrawn or reduced to something with less serious consequences for you.

If your failing to remain at the scene ticket cannot be resolved, we will represent you at trial where we will call evidence, cross-examine any police and civilian witnesses, and make submissions to the Court.

Lawyers are licensed and supervised by the Law Society of Alberta, governed by a provincial Code of Conduct, and have a duty to act in your best interest. “Traffic agents” do not need a law degree and do not typically have any training. Our lawyers, in contrast, have extensive legal training and are subject to significant oversight.

If we raise violations of your Charter rights as a defence, your case will likely be transferred from Traffic Court into Provincial Criminal Court where the case will be argued in front of a Judge. Our lawyers are far better equipped to do so than “traffic agents”.

For more information about the difference between traffic agents and lawyers, and which one may be best suited for your case, please read our article entitled Traffic Offences & Violations Calgary.

What can a lawyer do to help me if I missed my court date for failing to remain at the scene violations in Calgary?

If you fail to attend court on the date listed on your ticket, a warrant will likely be issued for your arrest. One of our lawyers can make an application on your behalf to have your file brought back into court and to have your warrant vacated.

We can even do this without you having to attend court or turn yourself in.

It is therefore crucial that you call our office immediately and speak to one of our traffic lawyers if you missed your court appearance for failing to remain at the scene of an accident.

How can I help defend my failing to remain at the scene violation in Calgary?

If you have been charged with failing to remain at the scene in Calgary, the following can help your lawyer build a strong defence:

  • Making a statement about what happened;
  • Collecting and maintaining all documents and records about the event; and
  • Gathering any photographic evidence that you may have.

As soon as you are released from police custody, start to gather any information that may be of use to your lawyer immediately.

If you are truly proactive about the matter, consider doing the following:

These steps can be very helpful to building an effective defence (or convincing the prosecutor to drop the charges altogether).

How can I fight my failing to remain at the scene violation in Calgary if the court is closed during the COVID-19 pandemic?

Traffic Court is still operating. The only difference is that people do not need to attend court. If you have a court appearance scheduled during the closure, you must contact Traffic Court by telephone, e-mail, or fax to advise them of what you intend to do with your ticket.

You have the option of:

  1. not disputing your ticket but ask for some time to pay the fine,
  2. adjourn your matter, or
  3. plead not guilty and set a trial date.

If you do not contact the court by your scheduled court date, you may be convicted in absence or a warrant may be issued for your arrest.

Leaving the Scene of an Accident

Where Can I pay a Fine for a Failing to Remain at the Scene Conviction in Calgary?

If you are convicted of failing to remain at the scene and have to pay a fine, you can pay your fine in person, through the mail, or online.

  1. In-person: You can make a full or partial payment at a registry agent or at any Alberta Provincial Court location.
  2. Mail: You can make a full payment only through the mail by sending your ticket and payment to:

Provincial Ticket Production Centre
601 5th Street SW
Calgary, Alberta  T2P 5P7

Payment must be by cheque or money order made out to the Government of Alberta, with your ticket number written on the back.

  1. Online: You can pay your fine online. You will need your ticket number and a valid debit or credit card.

What Next?

As discussed, failing to remain at the scene violations can be very fact-specific, and a conviction can lead to serious consequences.

We have tried our best to provide a general outline of what you can expect if you find yourself in this situation. But this is just the tip of the iceberg.

To learn more about how we can help, please contact our team of traffic lawyers to conduct a thorough review of your situation so that we can tailor a precise strategy that targets your successful defence.

Get A Free Consultation

Receive a free consultation to discuss your case.

We value your privacy, all information is kept strictly confidential.


Gia A.
Gia A.
21:46 27 May 21
Michael Oykhman is an amazing lawyer. He is very knowledgable of the law and strives to give you the best outcome. I am... grateful that I was able to have Michael take care of my DUI case. He was straight forward, easy to communicate with and understanding of my financial situation. He was able to get my charges dropped and all my tickets withdrawn. I would highly recommend Michael to anyone in need of a lawyer.read more
Ali Saeed
Ali Saeed
15:10 17 May 21
My case was handled by Joseph Beller. He is very responsive and kept me up to date about any progress in my case.... Through his expertise, we were able to reduce 2 charges that would result in 13 demerit points and more than $1000 in fines to a single charge with 3 demerit points. I would definitely recommend him to everyone.read more
Gwen Draude
Gwen Draude
21:54 04 May 21
I have never hired a lawyer before so I relied on Google reviews to help me choose the right representative.The... reviews are correct, because Joseph Beller was amazing to work with.He responded immediately when I first contacted him, and assured me the matter would be solved promptly & easily.He was true to his word, and the legal issue ended up being completely withdrawn.I would highly recommend Michael & his team to help you with any legal advice.read more
Darcy Muhizi
Darcy Muhizi
22:59 20 Apr 21
I highly recommend Joseph Beller for everybody. He helped me with my case, He was straightforward and honest about my... chances.He was very caring and if I had any questions he would answer them for me and making me feel better about the situation I was in. I'm really impressed with how fast it was solved they are also very reasonable with price ranges varying and will work with you so you can afford it. Again I am very thankful for all the helpful things you’ve done for me. I am very happy with how my case turned out. Thank you Joseph and the rest of the team for being there when I needed it most.read more
d pacman
d pacman
16:27 26 Mar 21
This is Calgary's best.If I could leave 10/5 stars I would.. my road was really long and trying at times but I stuck... it out and I am forever grateful for the work that was done by Michael and his team. I cant thank them all enough for their hard work. Anyone reading this that might feel like they are having a rough time and might not see a light at the end of the tunnel make the choice get some advice and start with this firm. You will not regret it!read more
K B
K B
20:42 08 Feb 21
I can't begin to describe my gratitude for Michael and his team! Having never been in a position like this before, I... couldn't have asked for a more professional team that delivered results beyond my expectations. They prepare you for the worst but truly strive for the best, which is what the outcome ended up being. Because of their team, I was able to get my life back and there's absolutely no price you can put on that! Thank you SO SO SO much Michael and team!read more
Ayden Coulson
Ayden Coulson
16:08 05 Feb 21
I highly recommend Micheal Oykman Criminal Defense Lawyers!!! I had the pleasure of Joseph Beller taking on my case and... helping me easily understand the choices I had and we quickly came to a resolution and my charge was dropped!! He was very caring and if I had any questions he would answer them for me and making me feel better about the situation I was in. I'm really impressed with how fast it was solved they are also very reasonable with price ranges varying and will work with you so you can afford it. Once again I am over the moon happy with how my case turned out. Thank you Joseph and the rest of the team for being there when I needed it most.read more
Reemon Soro
Reemon Soro
19:55 02 Feb 21
Being my first time in a legal situation things seem to be heading for the worst but, thanks to Crystal everything was... resolved in the best way possible. In general I was treated very well and everything was explained to me perfectly. Would definitely choose to work with them again if need be.read more
kamyar jooya
kamyar jooya
06:46 13 Jan 21
My son was fined with a speed ticket close to Calgary during a summer trip and ordered to appear in court. We are... residing in Edmonton. I just accidentally found Oykhman law office during a google search and decided to give them a shot. My son’s speed at the time of event was unusually high. That was our first experience dealing with such a situation and were very uncertain about the outcome. We received a very professional, responsive and cost effective service, and finally a great result. Joseph Beller was the young, motivated and exact Oykhman firm’s lawyer who accepted and represented our case. During the case follow up, communication with Joe was smooth, right to the point, on time and flawless.read more
way barrows
way barrows
16:53 04 Jan 21
Can’t say enough about this firm and Greg Janzen. They were so amazing and professional on every end. From the first... time I sat down with them until trial and the finish was one of the best experiences I have ever had. The final outcome full acquittal. I would highly recommend Greg and this firm for your council needs. They are beyond Awesome.read more
Tim Ngo
Tim Ngo
18:07 29 Dec 20
I am reviewing Elena Ryland’s services for me as my criminal lawyer for a DUI and refusal charge. She was very... professional and helped me out a lot. She was considerate of my situation and did everything in her power to reach our desired outcome. She was very thoughtful and helpful and considerate of my financial situation going into this case as well. I highly recommend her to people who have to go to court for a driving offence; she was very well prepared. Words cannot describe how much she had done for me and has saved my life in a sense. I appreciate Elena’s every effort to help me clear my name.read more
beth bold
beth bold
01:47 23 Dec 20
Moira McAvoy thank you for your compassion and hard work.I appreciate your diligence, integrity and your good advice... around complicated matters. You were available when we needed you anytime, any day. I would highly recommend you and your firm to anyone who needs legal advice and a lawyer that would back them up.Thank you again.read more
Black Mesa
Black Mesa
02:55 21 Dec 20
I was facing a criminal charge. So I googled up criminal defense Calgary, and this business came up. No regrets, best... decision ever. As soon as I paid my retainer. All my problems disappeared! I hired Joseph Beller. Very professional, very polite, and wants to help. He made sure, I got on all my important legal things. He made sure I was on time with all my appointments. But most importantly, he made all my charges go away! So happy now ☺️👍 Give these guys a chance like I did. You'll be happy like I am 😊read more
Aaron Bidochka
Aaron Bidochka
17:32 17 Dec 20
Mr Oykhman was clear and concise with me with concerns I had about our situation. He made us feel well taken care of,... and we were in good hands. We will be back if the services are neededread more
Adam M
Adam M
23:06 14 Dec 20
Michael is an outstanding man, and an even better lawyer. His professionalism and knowledge of the law is matched by... none. He successfully defended my case and I would definitely recommend him to anyone who is in need of a lawyer.read more
Cory Hoskin
Cory Hoskin
00:53 11 Dec 20
Michael was a pleasure to deal with. He was very quick to respond and answer all my many questions. Michael was very... understanding and easy to deal with. I would recommend him to anyone.Thanks so much Michael for all your help.read more
Mike Vukic
Mike Vukic
18:58 28 Nov 20
I'm a firearms owner who ran into a little trouble with a wrongful accusation concerning me and my firearms.I... contacted this firm and retained Crystal McGraw (My new hero) . Crystal defended me excellently and tactfully and had the judge see the truth and rule in my favor.This could have turned out to be a huge negative life changing experience for me had the judge ruled in favor of the crown. I am extremely happy that I retained Crystal and the firm, they made me feel safe and supported.I highly recommend this firm, and especially if you need help with any firearms related issues.. 👍👍read more
A G
A G
22:24 16 Nov 20
I am beyond thankful for Crystal McGraw professional quality services and extremely satisfied with all the hard work... and doing an excellent job. Special thanks for the wonderful team/staff..ie Amie Watkins. Highly recommended for my friends and family. Thanks for everything Crystal! Kudos!!!read more
Rodney Tetreault
Rodney Tetreault
18:20 10 Nov 20
I have had Mr. Oykhman or others in his firm represent me three times now and on all occasions the issues were fully... resolved and in my favor. On the first on any pending charges were withdrawn, on the second one I received the results I was hoping for and on the third one the results far exceeded any expectations I had and the charges were withdrawn. This review is especially for the third charge which was for a DUI I was charged with in December of 2019. I retained Mr. Oykhman to represent me directly due to the severity of the situation. In the Spring of 2020 Mr. Oykhman and I went over the evidence files. The information was very incriminating, and the 911 reviews were damming and embarrassing. My original trial was for June 2020 but because of COVID it was postponed till Nov 2020. I was on my way to Calgary via the bus as I expected to have my license pulled again after the trial. Michael called me on the way to Calgary and informed me he had negotiated with the crown prosecutor and that the charges would be dropped, I was completely shocked at this! His service throughout this case was second to none. He always replied in very short order to any queries I had. I have confidence that once Mr. Oykhman is retained everything will be resolved and more than likely in a favorable way because he understands the issues at hand and how to use the technical areas to his/my advantage. I highly recommend Mr. Oykhman or any others in his firm to anyone that wants hands off and stress-free legal services. In my experiences with him and the firm the outcome in all 3 events were extremely favorable, far better than I deserved. Mr. Oykhman is extremely versed and VERY WELL TIED IN with the judicial system. I will never think of hiring another criminal lawyer again.read more
Morgan Slusar
Morgan Slusar
20:17 16 Sep 20
Highly recommend. I’ll be breaking the law again for sure.
関健太郎
関健太郎
17:08 11 Sep 20
5 StarVery quick respondVery kindVery reliableVery calmVery reasonable
Takara Seki
Takara Seki
17:05 11 Sep 20
Elena was amazing with helping my father and his DUI charges. Even though my father’s English isn’t very strong she... explained everything as clearly as possible and was calm throughout the entire process. She made us feel like everything was going to be okay and responded very quickly to any questions or concerns we had. We really appreciate her help throughout this difficult time and would highly recommend her to other clients with similar issues.read more
Jonathon Himann
Jonathon Himann
20:19 13 Jul 20
I have nothing but praise for Oykhman. Their customer service was top notch. Joseph Beller was able to phone me back... within minutes of me leaving a message on their machine. He explained the possible consequences and calmed me down mightily. The whole conversation was extremely professional, from the receptionist to the email follow up. I would have no hesitation recommending them.read more
Brittany Collins-Berthelot
Brittany Collins-Berthelot
14:43 26 Jun 20
Elaine was amazing from the start, she made me feel very comfortable and trusting of her. The staff was very... professional and caring. I would highly recommend Elaine to my family and friends.read more
Brendan Mcdonald
Brendan Mcdonald
16:15 16 Jun 20
I have had Mr. Oykhman represent me twice now and on both occasions the issues were fully resolved having all charges... withdrawn. His service is second to none. I know once Mr.Oykhman is retained that everything will be resolved and in a favorable way because he will take care of the issues at hand. I highly recommend Mr.Oykhman to anyone that wants a stress free encounter and piece of mind knowing their issues will be takin care of, and in the end the outcome will be favorable. I would never think of ever hiring another lawyerread more
Chey Panda
Chey Panda
21:27 28 May 20
I highly recommend Crystal McGraw's services as she is very professional, non-judgmental & reliable. Crystal will keep... you updated every step of the way & will work hard to get you a positive outcome for your case. Thank you for all your help!read more
Conrad Taupert
Conrad Taupert
15:08 28 May 20
Elena Ryland was compassionate and empathetic. She immediately validated my emotions and calmed me down.I found her to... be extremely motivated. She got all my charges dropped. I highly recommend her.read more
classified666 .
classified666 .
19:42 27 May 20
I Had an accident right before Christmas last year an ended up getting a handful of criminal charges. Michael an his... team worked hard an got all charges dropped including an impaired. I’m thankful for his effort an would highly recommend!read more
Mark Paolo Ramos
Mark Paolo Ramos
16:23 04 May 20
After months of dealing with Crystal Mcgraw, Ryan P and Amie I have nothing but utmost respect for their... professionalism and hardwork. I was dismissed from my case and now can breathe normally as I can get my life back to normal. I would definitely recommend these folks to take care of your cases and you will be satisfied with the work that they will put into your case.read more
Kevin Murphy
Kevin Murphy
00:35 24 Apr 20
Thanks to Ryan for doing a great job, and for providing a sense of support and professionalism. My charge was stayed,... which is about the best result I could have hoped for, and better than I expected. Thanks to Crystal as well for everything she did, and for delivering me only good news, and to Amie for the communications she provided. All around very happy with everything, hopefully I never require their services again. 😉read more
Craig Stange
Craig Stange
15:35 23 Apr 20
I am going through an extremely difficult divorce and my ex made a power move by making an allegation against me that... involved the police and the start of a three month investigation. Upon the advise of a former RCMP member who is a good friend I engaged the Services of Michael to help with the investigation phase and contact by the city police. His services in dealing with the investigation and guiding me through this is beyond value. I would highly recommend his team. I am pleased to report that with his guidance the matter was dropped before charges, money well invested. If you get contacted by police your first call should be to his office.read more
Daniel Araia
Daniel Araia
00:55 22 Apr 20
If anyone is looking for professional legal lawyer I’m hardly recommending to anyone to Michael Oykhman with his team.... Trust me you will get quality service with professionalism from Michael Oykhman and all his team. Thanks to you all for your time and commitment I’m totally satisfied with all your hard work keep doing good job guys cheers.read more
David Prosser
David Prosser
14:42 08 Mar 20
After two years of dealing with Greg Janzen on my charges I have nothing but the highest regard for the... professionalism, expert knowledge, guidance, and personal courtesy. I would highly recommend him to my closest friends and family. A great job well done. Thank you.read more
Haifaa Rofail
Haifaa Rofail
23:06 05 Mar 20
5 stars, Everything worked out very well, very timely in dealing with my matter. All responses fromGreg Janzen and his... assistant where professional and helpful. I would highly recommend him. A really good lawyer ! Very happy with my outcome. All my charges was withdrawn.read more
Josh Hawryluk
Josh Hawryluk
01:24 27 Feb 20
Very satisfied of the service I received getting off my charge. Looking for a criminal lawyer? Theses are the guys, I... did not have to appear in court, I only had to make one visit to the office, and the rest was all handled my by lawyer (Elaine). They did an awesome job for me and excellent customer service,read more
Marty Maksymetz
Marty Maksymetz
02:51 31 Jan 20
I highly recommend going with this team. From the moment that I stepped into their offices, I knew that I was in good... hands. I had the privilege of working with Elena Ryland as my attorney and I couldn't be happier. She was extremely professional and well-educated on the subject matter. She was able to negotiate a deal that favoured all parties involved.read more
jay xu
jay xu
01:06 29 Jan 20
Words cannot express my gratitude to Michael, he helped me out of a difficult situation and resolved the matter... unbelievably quick. Michael provided quick professional insight, and showed great compassion working to resolve my matter over the past year. The knowledge, experience, and compassion Michael is clearly the best in Calgary. Michael also has a vast network of grade A lawyers and recommended a fantastic criminal lawyer to help me with my case. I would highly recommend his services.read more
R G
R G
18:39 11 Dec 19
I got in touch with Michael Oykhman directly based on the complexity of the legal matters I was facing. He was... incredibly professional and gave me a great deal of confidence and knowledge that it would be handled to his best efforts. The results were exactly that, the best desired outcome and a huge weight taken off me during a dark time. I would highly recommend Michael and his team to anyone looking for the best outcome possible!read more
Jessica Rafuse
Jessica Rafuse
22:50 15 Nov 19
I was first able to speak to Michael Oykhman himself and felt understood and confident that his staff would take care... of my legal matters. I am happy to report that not only have my matters been resolved but they were exactly in line with my desired outcome. I never felt like I had to compromise my position regarding the events that lead to needing legal services. While my initial junior associate couldn't oversee my file to completion, my gratitude goes to Greg Janzen who took on my case midway through and advocated for me and saw my charges withdrawn in a timely matter. Greg went the extra mile to show up for my appearances even when they were outside the initial legal matter at hand, which surprised me and made my life so much easier. I was out of province for 5 months of the year and thanks to Greg was able to focus on my priorities instead of being limited and interrupted. If your considering a lawyer or in doubt about the value of legal services, do yourself a favor and consult this firm. While there are many names to consider, if you find yourself needing criminal defense lawyers, I am so thankful I made the decision to have this firm represent me.They have been supportive, understanding and expedient. I also saved money and appreciated that I wasn't hit with hidden fees and wasn't footing a bill that was inflated or unwarranted. You definitely get great value! I also super appreciated the face time and timely communication at each turn. Not only were my charges withdrawn but so too were my fingerprints and photos with police destroyed so it's like nothing ever happened. A dream come true. Excellent customer service from start to finish on top of the legal support! Thank-you all so much, and while I hope not to need you in the future, I know I will be in good hands and will refer anyone in similar circumstances to your firm in the future. Cheers!read more
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Glowing Reviews From Our Clients

Excellent service! I would highly recommend going with this team. If I ever need assistance with anything of this manner again, I wouldn’t hesitate to call or email the team at Oykhman Criminal Defence again.


M.M.

Everyone was very professional and understanding. They explained everything and put me at ease. Any question I had were answered right. If you need help I’d highly recommend this law firm.


B.L.

Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.

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