Fail to Remain

In a hit and run investigation the police must prove:

• the vehicle involved, and
• identify of the driver

The police need to know the who, what, when, where and how the accident happened.

In a hit and run accident, the officer will invite the driver to tell them what happened.

The police use the ploy that they are “just trying to figure out what happened and to help the driver”.

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

The statement will prove who the driver was in the accident to the Judge.

*** Do not give statements to the police without having legal advice first ***

When you’re involved in an accident you are suppose to:

• stop
• call police if there is personal injury
• check to see if the other driver is ok or needs medical aid
• call police if there is damage apparently over two thousand (2,000) dollars
• give your name, address and insurance information to any person suffering a loss

Sometimes when an accident has occurred, whether intentionally or not, what was suppose to happen, doesn’t.

Once the police have contacted you about an accident you should seek legal advice as the implications can be serious.

Under the Highway Traffic Act

• jail up to 6 months
• fine between $400 to $2,000
• 7 demerit points.
• 30 day suspension for G1 and G2 drivers
• possible licence suspension for up to 2 years all drivers
• 100% increase for insurance rates

Under the Criminal Code of Canada

• fines
• criminal record for life
• licence suspension/prohibition for 1 – 3 years
• jail up to 5 years for serious offences/incidents
• possible probations, restitution or other conditions

Avoid the serious ramifications of being convicted of fail to remain by contacting the OTT Legal office in your area >

Where a driver reports a fail to remain accident the police may respond to it different ways:

• an officer attends at the accident, investigates and contacts you
• an officer attends at the accident, completes a report and forwards it to a detective
• the driver goes to an Accident Reporting Centre and makes out a report
  • that report is forwarded to detective to investigate

Where a fail to remain accident has occurred the police may immediately follow up, or where the report is sent to a detective, it may take time for the officer to investigate the matter and contact you.

I received a letter from the Toronto Police telling me to come and speak to them about a hit and run accident. I remembered bumping someone in a parking lot two month previous but I didn’t notice any damage.

I spoke to OTT Legal and they said they would handle everything and they would speak to the police for me. A couple of weeks later OTT called me and told me that they had dealt with the police and the investigation had been dropped with no charges laid.

What a relief!, Thanks to OTT my driving and insurance record is clear and I didn’t have to do a thing. Janice Ramnarine Toronto.

Where an accident happens, and one of the drivers leaves the scene, the other driver or witness may have recorded the licence plate of the vehicle that left and reported it to the police.

The police then investigate the incident.  The investigating officer then sends the report a Hit and Run Squad Detective.

The detective may call or send a letter requesting the owner of the suspect vehicle to attend at the police station to give a statement regarding the accident.

The police may demand, pressure or coerce the owner to speak to the officer, but our advice is to seek legal counsel first.

Where the driver or owner attends or does speak to the police, the police will try to get them to, “admit to being involved in the accident”.

Drivers who are accused of “Hit and Run” accidents fall into two different categories under Canadian Law.

Depending upon the situation, the police can 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, a violation of the driving laws of Ontario and is considered a breach of a Provincial Statue under the Ontario Highway Traffic Act.

Fail to Stop at the Scene of an Accident is a Federal Criminal Code offence, under the Criminal Code of Canada and is considered a criminal offence.

Being charged with either offence is a serious matter which can affect your right to drive, livelihood and you could even face jail time. Contact us for legal advice and representation today.

Highway Traffic Act of Ontario

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,

• remain at or immediately return to the scene of the accident;
• render all possible assistance; and
• 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.

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, fails to offer assistance.

Every person who commits an offence 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.

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 two thousand dollars damage, personal injury, or damage to the highway
  • the accident must be reported to the police forthwith

What the law means is that, when involved in an accident, the all drivers must:

• stop their vehicles,
• try to help others who are hurt or require assistance
• must exchange information, name, address and insurance
• where there is property damage of more than two thousand (2000) dollars
  • must contact the police forthwith and report the accident.

Where you have been contacted by the police regarding an accident, contact our offices and get legal advice before making any statements to the police.

Where a driver has been charged with Fail to Remain they need to be properly represented in court.

As your legal representative OTT Legal knows how to defend you in a fail to remain charge.

Trials in traffic and criminal court are won not just on the facts but on legal technicalities and rules of evidence.

Going to court and explaining why you left the accident scene will not get the charge dropped.

Regardless of the reason why the driver left, an explanation is not usually considered a defence to the charge.

Explanations are something that “may” get the charge reduced but the court will not cancel the charge or the mandatory penalties.

The police contacted me about an accident where a small street sign was knocked down, right away I contacted OTT and got legal advice, the police did charge me but when the case came to court OTT Legal had all the charges dropped and kept my record clear. Great Service, will use again, Thanks David Newman, Milton

During a trial the police and prosecution are required to prove beyond a reasonable doubt:

• an accident happened
• the jurisdiction of the incident
• who was involved and the identity of the accused driver
• that the driver didn’t comply with the law
• legal technicalities of the charge

For these issues and many others drivers need to be properly represented in court.

If the driver represents themselves they risk convicting themselves by:

• proving the identity evidence
• being forced to make an incriminating statement to the court
• improper cross-examination of witnesses
• being unaware of legal technicalities

Accused persons who represent themselves risk being convicted due to court inexperience and lack of understanding of the court system.

When faced with this serious charge call for legal advice and representation.

The police contacted me about an accident where a small street sign was knocked down, right away I contacted OTT and got legal advice, the police did charge me but when the case came to court OTT Legal had all the charges dropped and kept my record clear. Great Service, will use again, Thanks David Newman, Milton

If you’re being accused of a fail to remain accident don’t face the police or court system alone.

As licensed paralegals and former police officers we have years of helping drivers in Ontario with charges like fail to remain at the scene of an accident.

When the police are investigating a fail to remain accident after locating the vehicle they’re going to want to speak or learn who was driving the vehicle.

As with any traffic ticket or criminal offence a driver who is accused of an offence in Canada is not obligated to make a statement to the police that may incriminate themselves.

Many times the police may call or send a letter asking the driver to come to the police station to make an incriminating statement.  When you retain the services of OTT Legal we will represent and give you guidance regarding dealing with the police so that your rights are protected.

Where a driver does not have legal representation and represents themselves to the police they put themselves at a disadvantage, incriminate themselves and may even be tricked or mislead by the police.

Many drivers feel that if they just go in and be honest and forthright with the police that the officer will just give them a warning, but this is rarely true.

If you have been contacted by the police contact the OTT office in your area to learn how we can help and represent you with the serious charge. Usually OTT can appear and/or speak to the police and at court for you.