Fail to Remain – Highway Traffic Act section 200
Fail to Remain at a Scene of an Accident
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;
- (b) render all possible assistance; and
- (c) upon request, give in writing to anyone sustaining loss or injury or to any police officer or to any witness his or her name, address, driver’s licence number and jurisdiction of issuance, motor vehicle liability insurance policy insurer and policy number, name and address of the registered owner of the vehicle and the vehicle permit number.
Penalty for Failing to Remain
The penalties for failing to remain are;
- 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 person’s licence or permit may be suspended for a period of not more than two years.
- minimum licence suspension of thirty (30) days for G1 and G2 licence holders
- Six (6) demerit points
- Insurance rates will go into high risk rates for three (3) years
Drivers who fail to remain at the scene of the accident, or “Hit and Run” accidents fall into two different 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.
The difference between fail to remain under the Highway Traffic Act and Fail to Stop under the Criminal Code of Canada is under the Criminal Code the offence can happen anywhere but under the Highway Traffic Act the offence must occur on a highway or roadway.
Get Legal Help Now
If you have been involved or accused of a fail to remain accident, call OTT Legal to get proper legal advice without obligation at 1-888-668-8946.
An important part of any police investigation in a fail to remain investigation is to get the accused to identify themselves as the driver and to explain to the officer(s) what happened in the accident.
The police want the driver to give a statement that incriminates themselves.
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.
Before speaking to the police as a result of a fail to remain investigation get legal advice first. Do not make statements to the police.
What the Law Requires you to do at an Accident
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.
Call now to discuss your case – No charge or obligation!
Do not give statements to the police without having legal advice first.
The police may suggest that the driver “just tell them what happened” suggesting that everything can be explained away. But, in fact, the police officer is asking what happened to collect evidence against the driver.
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 and providing evidence to the police that will be used against you in court.
Before you give any information to the police, call OTT Legal free of charge to discuss your case with a former detective.
At OTT Legal we fight your Fail to Remain charge to win!
When you call OTT Legal, you’ll speak to former 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.
You’re Not Guilty of Fail to Remain
When the police officer gives a ticket for Failing to Remain, it’s the officers “opinion” or “belief” that the driver was driving without didn’t follow the rules after being involved in an accident.
To be found guilty of failing to remain it’s the Justice that decides, not the police officer.
It’s your right to take your traffic ticket to court and challenge the opinion of the police officer. Many times drivers charged with fail to remain are charged with additional charges like failing to report an accident and careless driving, which all have demerit points and serious insurance ramifications.
When you are charged with multiple traffic offences, if the charges cannot be dismissed completely, a compromise can be reached to resolve and reduce the penalties for the tickets.
Call OTT Legal to Fight Your Fail to Remain Ticket
At OTT Legal we fight fail to remain tickets to win your case. When you call OTT Legal you’ll speak to;
- Former police officers from the Toronto Police Service, Ontario Provincial Police
- Paralegals licensed by the Law Society of Upper Canada
- People with actual court experience with accidents and careless driving tickets
- Experts who have helped hundreds of drivers with careless driving tickets
OTT Legal is one of the few companies that;
- Shows you who we are, our employees
- Tell you our police and paralegal background.
- Gives you actual client reviews of careless driving tickets we have won
We ensure that your case receives;
- Individual Attention
- Everything possible is done to win your ticket
- Save your insurance rates from going up
- Save your demerit points
- File all court documents and motions
- Obtain any police reports and investigation
- Attend and represent you at trial
Call us now to discuss your case at 1.888.668.8946, or contact the office in your area >