Fail to Remain

In the Ontario there are two (2) types of laws for fail to remain accidents:

• fail to remain – Highway Traffic Act of Ontario section 200,1 (Traffic Act Law)
• fail to stop – Criminal Code of Canada section 320.17 (Criminal Law)

Each charge has different rules and implications.

Fail to remain charges under the Highway Traffic Act are a provincial law.  Charges for Fail to Stop under the Criminal Code of Canada are federal criminal offences.

Where a fail to remain accident occurs, depending upon the circumstances the officer can charge the driver under either act.

Usually charges laid under the Ontario Highway Traffic Act are more minor in nature, but can have serious consequences versus the Criminal Code of Canada.

As fail to remain lawyers we frequently see accidents where one driver may have left the scene.

The driver may have been unaware an accident happened, stopped out of sight of the other driver, or left the scene for some other reason.

The police receive a licence plate and trace the owner. Once the police locate the owner or driver they attempt the driver incriminate themselves.  The police then use this incriminating statement to convict the driver of fail to remain or fail to stop.

We encourage persons who may have been in an accident where the police are investigating to speak to one of our lawyers, before speaking to the police.

Any statements made to police will be used against the driver in court to prove the charge. Call and speak to a lawyer before the police.

Often there are reasonable explanations and defences to a fail to remain.

It’s our job as lawyers, to explain your defence and dispute any evidence that maybe presented to the judge.

Many times during the course of our preparations we find legal issues surrounding the case.

These legal issues can result in the criminal charge being withdrawn, or resolutions like a traffic ticket where there is no threat of a criminal record for life.

In any trial or police investigation for failing to remain or failing to stop at an accident is the identity evidence.

Police need to learn the who, what, when, where and how, and specifically they need to know who was driving. When an accident occurs and one of the drivers has left the scene, the vehicle maybe known, but not the driver.

When the police investigate and trace the licence plate, they immediately look to the owner of the vehicle as the first suspect to investigate.

Paramount to the police investigation, is a statement from the owner of the vehicle or driver to prove, who was driving at the time of the accident.

Where the driver or owner make any statements to the police, this information will be used against them in court to prove the identity evidence (the who was driving) to the court.

Where a driver is convicted of Fail to Stop at an Accident, under the Criminal Code of Canada the driver may receive the following penalties:

• fines
• criminal record for life
• imprisonment for a term not exceeding 5 years or
• driver licence suspension from 1 to 10 years
• dramatically increased insurance premiums
• any other penalty the judge may impose under a summary conviction

The penalty for failing to remain under the Highway Traffic Act is:

• fine up to $2500
• 6 demerit points
• mandatory licence suspension for novice drivers
• 6 month licence suspension for G drivers
• possible six (6) months jail for serious offences
• dramatic insurance increases for three (3) years or more

Under the Highway Traffic Act the implications of a conviction for fail to remain can be as serious as under the Criminal Code of Canada, but under the Highway Traffic Act the driver would not receive a criminal record.

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, offer assistance is guilty of a criminal offence.

Mr. Charitsis provided excellent service when it came to defending my brother’s fail to remain charge. Not only was the original criminal charge dropped, but so were the traffic charges that the Crown requested in lieu of the criminal charge. I highly recommend Nicholas Charitsis as your lawyer. He is full of knowledge and confidence, that leaves you feeling at ease when you leave his office. Ana V. Toronto (Google Reviews)

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
• liable to imprisonment for a term not exceeding ten years.

Every person who commits an offence under subsection (1)

• is guilty of an indictable offence and
• liable to imprisonment for life
  • if 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.

In a trial for a charge of fail to remain at the scene of an accident, where there is evidence that an accused failed to stop their vehicle, and:

• offer assistance
• where any person has been injured
• or that person appears to require assistance, and
• does not give their name and address is…

In the absence of evidence to the contrary, is proof of an intent to escape civil or criminal liability in a criminal proceeding.

Definitely one of the best lawyers to work with, They weren’t the cheapest law firm I spoke to, but I didn’t want a “bargain” lawyer.  I wanted a law firm that was going to win my case.  In dealing with them I always felt comfortable that was getting superior representation. I was recommended by another lawyer (my business lawyer), charges were dismissed at trial! David J. Toronto.

Not every case of fail to remain or fail to stop at an accident goes to trial.  Prior to any trial we have an opportunity to meet with the crown attorney in a “pretrial” to discuss:

• issues at trial
• any evidentiary issues
• grounds to support the charge
• can the charge be dropped to a traffic ticket
• should the case go to trial

Many times we are able to resolve criminal charges like fail to remain/fail to stop under the criminal code a traffic ticket without a licence suspension or a criminal record being applied.

Want legal advice or like to speak to a fail to remain lawyer? The first step is to give us a call at 416-731-7113.

There is no fee or obligation to call and speak to us.  The discussion is held with complete privacy and confidence with the lawyer.

The lawyer will be able to give you an opinion about your case, and tell you:

• possible defences to the charge
• legal arguments in your case
• what you can do to help your case
• what the cost to defend the accusation would be

Where you decide to retain our services we will invite you to meet in our Toronto office or have a face to face Zoom online meeting.

In that meeting we’ll discuss the case in detail, plan your defence and arrange for the first court date.

We ask for a reasonable deposit upon retaining our services of 10 to 25 percent.