Fail to Remain – Highway Traffic Act section 200
Fail to Remain at a Scene of an Accident
Drivers who fail to remain at the scene of the accident, or “Hit and Run” accidents fall into two difference categories under Canadian Law.
Depending upon the situation, the police can either charge the driver under the Criminal Code of Canada for the offence of “Fail to Stop at the Scene of the Accident”, or under the Highway Traffic Act of Ontario for “Fail to Remain at the scene of the accident”.
Fail to Remain at the scene of an accident under the Highway Traffic Act is a traffic ticket, or Provincial Statue offence ( an offence under the provincial laws of Ontario) and Fail to Stop at the Scene of an Accident is a Federal Criminal Code offence, under the Criminal Code of Canada.
Drivers who are involved in a motor vehicle accident in Ontario are required by the Highway Traffic Act of Ontario to do four things:
- Remain at or immediately return to the scene of the accident.
- Render all possible assistance.
- Upon request, give in writing to anyone sustaining loss or injury or to any police officer or to any witness their name, address, driver’s licence, insurance and name and address of the registered owner of the vehicle.
- If there is more than one thousand dollars damage, personal injury, or damage to the highway the accident must be reported to the police forthwith.
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 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.
The penalty for Fail to Remain under the Highway Traffic Act is;
- A fine not less than four hundred (400) dollars and not more than two thousand.(2000.00) dollars.
- Imprisonment for a term of not more than six months, or to both.
- Six (6) demerit points.
- Possible licence suspension for up to two (2) years.
At OTT Legal we fight your Fail to Remain charge to win your case.
When you call OTT Legal you’ll speak to former detectives, police officers from the Toronto Police Service, Ontario Provincial Police, and paralegals, all licensed by the Law Society of Upper Canada – people with actual court experience with Fail to Remain accidents.
As well as our top legal team OTT Legal has former detectives from the Toronto Police Hit and Run Squad to assist in your defense for fail to Remain charges
At OTT Legal we ensure that your case receives the individual attention it deserves to win your case, saving your insurance rates and demerit points. We order the officers notes and fully investigate your case prior to the trial. If there are any legal arguments to be filed, they are usually done at no extra charge to you.
Our goal is to win your Fail to Remain charge.
Call us now to discuss your case at 1.888.668.8946, or contact the office in your area.
Fail to Remain – Highway Traffic Act – Section 200