Important Notice: Do not make statements to police regarding an accident you may have been in. The police will use your statement against you to charge you with Failing to Remain at the Scene of an Accident.
Fail to Remain – Fail to Stop at Accident
Fail to Stop – Criminal Code of Canada
The reason the police may consider a charge under the criminal code is usually due to the seriousness of the accident, or the location of the accident.
Usually, a charge of Fail to Stop at the Scene of an Accident is laid where a death, personal injury has occurred or the accident has occurred on private property.
Fail to Remain under the Highway Traffic Act is normally laid by the police where there is only property damage involved.
If You Have Been Contacted by the Police
Where the police are investigating a fail to remain accident or are investigating you as a driver, do not make statements to the police without legal advice first.
The police may has sent you a letter, called or have arrived at your door asking questions about an accident. Where the driver makes ANY statement to the police regarding the accident, the police will use that statement to convict the driver. Call OTT Legal for expert legal advice BEFORE contacting the police.
The police need to solicit a statement, they will try to get you to tell them “who was the driver in the accident”. The police need this information to prove the “identity evidence” , the WHO, what, when, where and how.
Where the driver gives this information the police and prosecution will use it against them in court.
There is no legal obligation to make any statement to the police, contact us for legal advice before speaking to the police.
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
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 will be written down and 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 meet 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 and criminal defence lawyers providing legal representation and defence 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
- 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, our paralegals are licensed by The Law Society of Upper Canada. This ensures that you receive the highest level 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 licence 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.
Would you like more information about fighting a fail to remain charge? Send us an email.
OTT Legal helps our clients with Summary Criminal Code matters only and criminal matters that are within our scope of practice under the rules of the Law Society of Ontario. Where you matter is of a more serious nature then we will be happy to refer your matter to a criminal lawyer that can assist you.