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 Remain – Fail to Stop at Accident
Two (2) Types of Fail to Remain Charges in Canada
- Fail to Stop at the Scene of an Accident is criminal charge under the Criminal Code of Canada
- Fail to Remain is a 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 accident.
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.
Call OTT Legal First…
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 met or give statements to the police without having legal advice 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 of Ontario
Definition of Fail to Remain Criminal Code of Canada
Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with
- another person,
- a vehicle, vessel or aircraft, or
- in the case of a vehicle, cattle in the charge of another person,
- and with intent to escape civil or criminal liability
fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance.
Punishment for Fail to Remain Criminal Code of Canada
Every person who commits an offence of fail to remain
- is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or
- is guilty of an offence punishable on summary conviction.
Offence involving bodily harm
Every person who commits an offence under subsection (1) knowing that bodily harm has been caused to another person involved in the accident
- is guilty of an indictable offence and is,
- liable to imprisonment for a term not exceeding ten years
Offence involving bodily harm or death
Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life i;
- the person knows that another person involved in the accident is dead; or
- the person knows that bodily harm has been caused to another person involved in the accident and is reckless as to whether the death of the other person results from that bodily harm, and the death of that other person so results
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 at 1-888-668-8946.
Like more information about fighting a fail to remain charge? Send us an email.