Failing to remain in Ontario
“Fail to remain” is a provincial offence regulated by section 200 of the Highway Traffic Act. This section states that every Ontario driver must remain at the scene when an accident occurs or return to the scene as soon as possible to exchange driver particulars and assist injured people. This offence is commonly called a “hit and run charge”.
Simply put, a hit-and-run accident occurs when one driver strikes an other driver’s vehicle or street car and leaves the collision scene. However, this charge can lead to civil or criminal liability, depending on the situation. Under the Criminal Code of Canada, “failure to stop at the scene of an accident” or “fail to stop” is a criminal offence that carries a criminal record and much more severe charges. The severity of the charges depends on the intent and the damages that result from a motor vehicle accident.
Penalties for Failing to Remain at the Scene of an Accident
A conviction for failure to remain at the scene of an accident in Ontario can result in but not limited to:
- Seven demerit points
- A fine anywhere from $400 to $2,000
- Driver’s licence suspension up to 2 years
- Jail time for up to 6 months
- Increase insurance premiums
It is essential to understand the severe consequences that may result from failing to remain at the scene of an accident in Ontario. Apart from the legal repercussions, failing to remain could lead to other negative consequences. For instance, your driver’s license could be suspended or revoked, which may cause you to lose your job if driving is a crucial requirement for your work. Additionally, having a record of failing to remain can seriously impact your chances of securing government jobs such as those in the police or military. Therefore, it is essential to maintain a clean driving record and always drive safely to avoid any potential consequences.
Hit-and-run charges in Ontario typically result in additional charges of careless driving (under the Highway Traffic Act), dangerous operation of a motor vehicle (according to the Criminal Code), and/or failure to report an accident.
What to do when you’ve been involved in Accident
According to the Highway Traffic Act, you’re required to:
- Remain at the scene of an accident or immediately return if you were unable to stop
- Call the police in case of personal injury/injuries
- Assist (if needed) to any person involved in a collision
- Estimate the damage
- Call the police if the property damage exceeds $2,000
- Provide your contact information, driver’s licence number, vehicle permit number, and insurance information to a police officer or anyone sustaining loss/injury
If the police contact you after the accident, immediately consult a lawyer. Do not make any statements without legal advice!
How to Fight Driving Withou t Insurance in Ontario?
Hire a traffic lawyer or paralegal to represent you in court
*Remember, if you choose to simply pay the fine and not go to court, you are pleading guilty
It is highly recommended that you seek legal representation immediately if facing a failure to remain charge. Having a lawyer represent you will significantly improve your chances of winning in court and avoid hefty penalties for leaving the scene of an accident. If you choose not to hire representation, you must be ready to go through the complicated process alone.
Why Hire a Traffic Lawyer?
As previously stated, hiring a traffic lawyer can improve your chances of winning in court if you have been caught fleeing the scene of an accident. Fighting a hit-and-run charge on your own is time-consuming and requires relevant knowledge and experience to achieve positive results in court. Therefore, working with a professional lawyer like XPolice is highly recommended to avoid frustrating outcomes.
Learn more about failing to remain and the penalties you can face.