Fleeing the scene of an accident in Edmonton is a severe offence. Under the Alberta Traffic Safety Act, “Fail to Remain” carries a fine of up to $2,000 CAD, 7 demerit points, and potential jail time. You must consult a local defence lawyer before speaking to the police.
Accidents happen, but panicking and driving away from a fender bender on the Yellowhead Trail or a parking lot scrape in West Edmonton Mall turns a simple insurance claim into a major legal nightmare. The Edmonton Police Service actively investigates hit-and-run incidents, heavily relying on dashcams, intersection cameras, and civilian witnesses to track down the fleeing vehicle.
If the police contact you regarding a hit-and-run, your instinct might be to explain yourself. This is a critical mistake. Anything you say can be used to confirm your identity as the driver. Before you say a word, you should contact a traffic defence lawyer from our directory to protect your rights and help you navigate the serious consequences of a “Fail to Remain” charge. 🚨
Step-by-Step Process in Edmonton
Handling a hit-and-run accusation requires extreme caution. Whether you are charged under provincial laws or federal criminal laws, here is how the legal process generally unfolds.
Step 1: Exercise Your Right to Silence
If an Edmonton Police officer shows up at your door, be polite but firmly state that you wish to speak to a lawyer before answering any questions. You are required to provide your driver’s licence and registration if asked, but you are not required to confess to driving the vehicle during the accident.
Step 2: Understand the Specific Charge
Your lawyer will determine what you are actually being charged with. Most minor accidents result in a Traffic Safety Act (provincial) charge for Failing to Remain at the Scene. However, if someone was injured or there was criminal intent, you could face severe federal charges under the Criminal Code of Canada.
Step 3: Review the Evidence (Disclosure)
Once you are formally charged and given a court date at the Edmonton Law Courts, your lawyer will request “disclosure” from the Crown Prosecutor. This package contains all the evidence against you, including witness statements, video footage, and police notes. 📁
Step 4: Build a Defence Strategy
Your legal team will scrutinize the evidence. Common defences include proving you were not the person driving the vehicle at the time (identity defence), establishing that you genuinely did not realize a collision occurred, or proving that you left strictly due to a valid medical emergency.
How Much Does it Cost in Alberta?
The financial penalties for fleeing an accident scene are designed to be incredibly punishing.
| Penalty / Cost Type | Estimated CAD Details |
|---|---|
| Traffic Safety Act Fine | A judge can impose a fine ranging from $400 to $2,000. |
| Demerit Points | 7 demerit points, which will likely trigger a massive insurance rate hike. |
| Lawyer Fees | Generally $1,500 to $5,000+, depending on whether it is a provincial or criminal charge. |
How Long Does the Process Take?
Resolving a Fail to Remain charge is not a quick process, as the courts take these matters very seriously.
- Investigation Phase: Police usually track down the registered owner of a fleeing vehicle within a few days to a week.
- First Appearance: Your first court date at the Alberta Court of Justice is usually 4 to 8 weeks after you receive the ticket or summons.
- Resolution or Trial: Negotiating with the Crown or proceeding to a full trial can easily take 6 to 12 months.
Frequently Asked Questions (FAQ)
Will I go to jail for a hit and run?
If charged provincially under the Traffic Safety Act, jail time is rare but technically possible (up to 6 months). If charged criminally because someone was injured or killed, serious federal prison time is highly likely.
What if I hit a parked car and left a note?
In Alberta, if you hit an unattended vehicle, you are legally required to leave a written notice with your name, address, and driver’s licence number securely attached to the damaged car. If you do this properly, you have not failed to remain.
Can the police seize my vehicle?
Yes. If the police suspect your car was involved in a hit-and-run, they have the authority to seize and impound it as evidence to examine the paint transfer and physical damage.
Will my insurance cover the damage?
If you are convicted of fleeing the scene, your insurance company will likely deny collision coverage for your own vehicle due to a breach of your policy conditions. Furthermore, your premiums will skyrocket upon renewal.
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