Fail to Remain - Fail to Stop at Accident

Criminal Charges

Fail to Remain – Fail to Stop at Accident

Fail to Remain accidents fall into two difference categories under Canadian Law.

When investigating a hit and run accident the police have the option to charge the driver under the Criminal Code of Canada or under the Highway Traffic Act of Ontario.

  • Fail to Stop at the Scene of an Accident is a serious criminal charge under the Criminal Code of Canada
  • Fail to Remain is a less serious charge under the Highway Traffic Act

Fail to Stop – Criminal Code of Canada

The reason the police may consider a charge under the criminal code is usually because of the seriousness of the event.

Usually a charge of Fail to Stop at the Scene of an Accident is laid where a death or personal injury has occurred.

Fail to Remain under the Highway Traffic Act is normally laid by the police where there is only property damage involved.


Before you speak to the police about any fail to remain incident call OTT Legal.

An important part of any police investigation is to get the accused to explain to the officer(s) what happened in the accident.  The police will invite the accused to tell them what happened, using the ploy that they are just trying to figure out what happened and to help the driver.

The police will even “caution” the driver that anything they say can be used against them in court.

If the driver makes a statement to the police, the police WILL use the statement to convict them of the fail to remain charge.  Do not give statements to the police without having legal advise first.

The number one piece of information the police need in a fail to remain investigation is “who was the driver?”.  If you admit that you were driving the vehicle at the time of the accident you will be convicting yourself.

OTT Legal has former police detectives from the Toronto Police Services Hit and Run Squad, providing legal representation and defense to these types of charges. We know how to win your case for you.

Fail to Remain – Highway Traffic Act section 200,1
Fail to Report Accident – Highway Traffic Act section 199


How does OTT Legal help you Fight a Fail to Remain Charge

At OTT Legal are licensed by The Law Society of Upper Canada to assist you in court. This ensures that you receive the highest levels of professionalism, confidentiality, and expertise for your legal representation, and court case.

OTT Legal’s team of professionals will always work to drop your ticket completely, keeping your driving record and insurance rates at their best.

If we cannot get the charge dropped completely, we will negotiate with the prosecutors to protect your license from being suspended, save your demerit points, and get you the lowest possible fine (and keep you out of jail if applicable).

Why risk losing? Call OTT for a free consultation or email us.

Email us about your traffic ticket. Your information will never be given out

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