Duty of person in charge of vehicle in case of accident
"200. (1) Where an accident occurs on a highway, every person in charge of a vehicle or street car that is directly or indirectly involved in the accident shall,
(a) remain at or immediately return to the scene of the accident;"
Did you son receive an offence notice (ticket) or a summons?
Does your son have a learner's permit (G1 or G2)? If so, a conviction for this offence would result in a license suspension.
But, I would try to meet with the prosecutor, if possible, to get a plea deal for a lesser charge, such as section 201 of the Highway Traffic Act, fail to report damage to property on highway:
"Every person who, as a result of an accident or otherwise, operates or drives a vehicle or leads, rides or drives an animal upon a highway and thereby damages any shrub, tree, pole, light, sign, sod or other property on the highway or a fence bordering the highway shall forthwith report the damage to a police officer."
This section carries a $85.00 set fine and I do not believe it has any demerit points associated with it.
This section seems to be more applicable to what you described, rather than the more serious offence of fail to remain as your son did return to the scene of the accident, but he simply just did not report it to the police (or did he?)
HTA s.200(1)(a) must be issued by summons and does not have a set fine. General information on FAIL TO REMAIN may be found here and the penalty section for this section of the act is as follows:
(2) Every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $2,000 or to imprisonment for a term of not more than six months, or to both, and in addition the personÃ¢Â€Â™s licence or permit may be suspended for a period of not more than two years. 2009, c. 5, s. 54."
In addition to the range of fine that may be issued by the court, an additional 25% victim fine surcharge is applied.
In addition, a conviction would result in a 7 demerit point penalty. The summons will list a mandatory first appearance court date. For a serious charge of this nature, your son would be well served to seek out a licenced and experienced paralegal.