Fail to Remain

In a hit-and-run investigation, the police must establish two critical elements to pursue a Fail to Remain charge:

• Identification of the Vehicle Involved:
  • The police need specific proof linking the vehicle to the scene of the incident.
  • Evidence may include examining the actual vehicle, witness statements, surveillance footage, paint transfer, or physical evidence like tire marks.
  • Establishing which vehicle was involved is crucial to the case, particularly when multiple vehicles may have been in the area.
• Identification of the Driver at the Time of the Incident:
  • Law enforcement must also prove who was driving when the accident occurred.
  • This often requires substantial evidence, such as witness testimony, camera footage, or the driver’s own statements.
  • Without definitive proof of the driver’s identity, a Fail to Remain charge may not hold up in court.
  • Getting a statement from the driver is a top priority for police. They will often push for a statement confirming you were driving. Do not make any statements to the police—let OTT Legal, as your legal representative, handle communication for you.

To support these elements, police will gather detailed information answering the who, what, when, where, and how of the incident, aiming to reconstruct events and establish the driver’s involvement accurately.

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

If you’re contacted by the police regarding a Fail to Remain accident, use exercise caution. While officers may appear to “just want to understand what happened,” any statement you make can and will be used as evidence against you in court, potentially harming your case.

• Seek Legal Advice Before Speaking: When faced with police questioning, it’s crucial to consult with a legal professional before providing any details. Even well-intentioned statements can inadvertently lead to self-incrimination, as the police may interpret or use your words against you. As your legal counsel we can help you understand what, if anything, you should say to avoid compromising your defence.
  DO NOT MAKE STATEMENTS TO THE POLICE

• Avoid Written Statements: Written statements can be especially risky because they serve as documented evidence that can be used in court. Without legal guidance, you may include details that seem minor or harmless but could be interpreted negatively. Until you’ve consulted with OTT Legal, avoid providing any written or formal account of events, as it may limit your defence options later on.
  DO NOT GIVE THE POLICE WRITTEN STATEMENTS ABOUT WHAT HAPPENED

• OTT Legal Can Speak for You: At OTT Legal, we handle all communications with law enforcement on your behalf. Our team ensures that your rights are safeguarded, protecting you from inadvertently making statements that could weaken your case. By managing these interactions, we help prevent misunderstandings or pressure tactics that may be used to obtain statements that harm your defence.
  LET US TALK TO THE POLICE FOR YOU

Your best protection is to refrain from making statements and let OTT Legal manage all communication with the police, ensuring that your case is handled carefully from the start.

Fail to Remain charges under the Highway Traffic Act carry substantial consequences. Here’s a closer look at the potential penalties:

• Up to 6 Months in Jail: Although Fail to Remain is classified as a traffic offence, courts take it seriously, and jail time is possible depending on the circumstances, especially if injuries or significant property damage are involved.

• Fine Between $400 and $2,000: Fines vary based on factors like the severity of the incident, whether it’s a first-time offence, and the driver’s overall record. Higher fines are often imposed on repeat offenders or cases involving injuries.

• 7 Demerit Points: Accumulating these points can lead to immediate license suspension, especially for drivers already close to the demerit point limit. Even if the license isn’t suspended right away, points can result in higher insurance premiums and stricter monitoring by authorities.

• License Suspension of Up to 2 Years: Drivers with serious or repeat infractions may face a license suspension of up to two years, which can be devastating, impacting employment and daily life, especially for those relying on their vehicle for work.

• 30-Day Suspension for G1 and G2 Drivers: Novice drivers face automatic suspensions for a mandatory 30 days. Novice drivers convicted of fail to remain will become high risk drivers with insurance costs in the thousands of dollars per year for at least 3 years.  The conviction can affect the other drivers in the household, as the insurance believes the driver will operate other vehicle in the home.

• Insurance Rate Increase of Up to 100%: A Fail to Remain conviction is viewed as a high-risk offence by insurers, which can lead to significant premium increases, sometimes doubling the cost of coverage, affecting a driver’s finances for at least 3 years.

These penalties emphasize the gravity of a Fail to Remain charge, making it crucial to seek legal assistance to safeguard your rights and future. Avoid the serious ramifications of being convicted of Fail to Remain by contacting the OTT Legal office in your area >.

“I received a letter from Toronto Police about a hit-and-run. I recalled a minor bump in a parking lot months ago but hadn’t noticed any damage. OTT Legal took over, spoke to the police on my behalf, and within weeks, the investigation was dropped with no charges. What a relief! Janice Ramnarine Toronto.

When facing a Fail to Remain charge, having the right legal representation is essential.

This fail to remain charges are complex, the prosecution is looking to convict. Simply appearing in court to explain your side of the story is unlikely to be enough. Here’s how OTT Legal can help you navigate this challenging situation:

• Defence in Fail to Remain Cases: At OTT Legal, we understand the intricacies involved in defending a Fail to Remain charge. Our team is highly experienced in presenting effective defences that focus not only on the facts but on leveraging legal technicalities and rules of evidence, which are crucial in winning these cases.

• You Cannot Defend Yourself: If you appear in court to defend yourself and take the stand, the prosecution is allowed to ask you direct questions, such as: Were you driving the car, who’s car is it, how many keys do you have, who has possession of those keys.  You’ll end up convicting yourself because you have to tell the truth, (if it was you).  Lying to the court is a criminal offence.

• Court Trials Rely on Legal Expertise: Trials for traffic and criminal offences, including Fail to Remain, are not won purely based on the facts or your intentions. Success often depends on a deep understanding of legal procedures, cross-examinations of police officers and witnesses, how evidence is presented, and procedural rules that can influence the case’s outcome. Our knowledge of these factors allows us to build a stronger defence for you.

• The Limitations of Personal Explanations: Going to court with an explanation of why you left the accident scene, even if well-intentioned, typically does not lead to a dismissal of the charge. Courts rarely accept personal explanations as a defence against a Fail to Remain charge. Instead, they focus on whether the legal requirements of the charge are met.

• Reducing or Dismissing Charges: Although explanations can sometimes lead to reduced charges, they do not eliminate the charge or avoid mandatory penalties. An experienced legal team like OTT Legal can work to reduce the charge severity and minimize penalties, but success often depends on utilizing technical and procedural defences.

A Fail to Remain charge carries mandatory penalties that require a focused, legally strategic approach to minimize their impact. With OTT Legal’s expertise, you’ll be represented by professionals who understand how to handle the specifics of your case to give you the best chance at a favourable outcome.

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

When an accident occurs and a driver leaves the scene, a witness or the other driver may have noted the license plate of the departing vehicle and reported it to the police.

The police will then investigate, and the report is often forwarded to a Hit and Run Squad Detective. This detective may contact the vehicle’s owner, requesting that they come to the station to give a statement regarding the accident.

In these situations, the police may apply pressure, insisting that the owner or driver speaks to them. However, it’s crucial to seek legal counsel before making any statements.

If the driver or owner chooses to speak with the police, the officer will likely try to obtain an admission that you were driving the vehicle at the time of the accident and it was you that failed to remain.  The statement will be noted and used against you in court to convict you of failing to remain at the scene of an accident.

Drivers accused of “Hit and Run” accidents can face two different types of charges under Canadian law. The type of charge depends on the specifics of the incident, each carrying different legal implications:

• Fail to Remain at the Scene of the Accident ( Highway Traffic Act of Ontario): This is a provincial offence that applies only to accidents occurring on roadways. It is generally used in cases involving minor accidents without serious injuries. Although less severe than a Criminal Code offence, it still carries substantial penalties, including fines, demerit points, licence suspensions, and increased insurance rates.

• Fail to Stop at the Scene of the Accident (Criminal Code of Canada): Unlike the Highway Traffic Act offence, this charge can apply to accidents occurring anywhere, not just on roadways. It is treated as a criminal offence, typically involving incidents of serious harm, intent to evade responsibility, or significant property damage. A Criminal Code charge is more severe, potentially resulting in jail time, a permanent criminal record, and extended licence suspensions.

Each charge carries unique consequences, making it essential to seek legal guidance to effectively address these serious accusations.

Being charged with either offence is a serious matter that can impact your driving privileges, livelihood, and could even lead to jail time. Contact us today for expert legal advice and representation.

In Ontario, drivers involved in a motor vehicle accident are required by the Highway Traffic Act to do the following:

1. Remain at or Return to the Scene: Drivers must stay at the scene or return immediately if they leave temporarily.
2. Provide Assistance: Offer any assistance possible to others involved, especially if there are injuries.
3. Exchange Information: Upon request, drivers must provide, in writing, their name, address, driver’s licence number, insurance information, and the name and address of the vehicle’s registered owner to anyone who has sustained loss or injury, to any police officer, or to any witnesses.
4. Report Significant Accidents: If there is more than $2,000 in property damage, personal injury, or damage to the highway, drivers are required to report the accident to the police without delay.

In simple terms, this means that all drivers involved in an accident must:

• Stop their vehicle,
• Assist anyone who is injured or requires help,
• Exchange personal and insurance details, and
• Contact the police immediately if there is significant damage or injury.

If you are contacted by the police regarding an accident, reach out to our offices for legal advice before making any statements.

Legal Definition of Fail to Remain HTA 200,1

Duty of person in charge of vehicle in case of accident

(1) 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.

Traffic court paralegal Eddie Cho | Retired OPP Officer

Don’t let a fail to remain charge jeopardize your driving record, your insurance rates, or your future.

Take action now and put our proven legal expertise to work for you. At OTT Legal, we’ve successfully helped thousands of drivers win their ticket and we win yours too. Let us fight for your rights and protect you from the long-term consequences of a traffic ticket conviction.

Contact us today for a free consultation and take the first step toward defending your case!