In Ontario, failing to remain at the scene of an accident — commonly referred to as a hit-and-run — is a serious offence under section 200 of the Highway Traffic Act (HTA). Drivers involved in a collision are legally required to stop, exchange information, and provide assistance where necessary. Leaving the scene without doing so can lead to significant legal consequences.
In more serious situations, particularly when injuries or fatalities are involved, the charge may escalate under the Criminal Code of Canada, where “failure to stop at the scene of an accident” can result in much harsher penalties.
Legal Requirements After an Accident
When an accident occurs on a public roadway in Ontario, drivers are required to:
* Remain at the scene, or return immediately if stopping was not initially possible
* Provide identifying and insurance information, including name, address, and licence details
* Offer reasonable assistance if someone is injured
* Report the collision to police if injuries occur or if property damage exceeds $2,000Failing to meet any of these obligations can result in a Failing to Remain charge under the HTA.
Penalties for Failing to Remain
A conviction for failing to remain can have long-term consequences that extend well beyond the courtroom.
Under the Highway Traffic Act, penalties may include:
* 7 demerit points — one of the highest penalties under Ontario law
* Fines ranging from approximately $400 to $2,000
* Driver’s licence suspension of up to two years
* Possible jail time of up to six months in more serious cases
* Significant insurance increases or policy cancellation
If the incident also involves injuries or aggravating circumstances, Criminal Code charges may apply, bringing the risk of a criminal record and much more severe penalties.
Why You Should Take This Charge Seriously
Failing to remain is one of the most serious traffic offences in Ontario. The combination of demerit points, licence suspension, and insurance consequences can impact your ability to drive, work, and maintain financial stability.
For novice drivers (G1 and G2), the consequences can be even more severe. Accumulating too many demerit points can trigger mandatory licence suspensions — even if it’s your first offence.
What to Do If You’re Charged
If you’re charged with failing to remain, pleading guilty without fully understanding your options can have long-lasting consequences. A conviction stays on your driving record and may affect your insurance for years.
This is where experience matters.
At XPolice, our cases are handled by professionals who understand traffic enforcement from the inside. Our team of former police officers and legal professionals know how charges are investigated, how evidence is gathered, and where weaknesses in a case may exist. This insight allows us to spot procedural errors, challenge inconsistencies, and build a defence strategy based on facts — not assumptions.
Failing to remain at the scene of an accident is a serious charge with consequences that extend far beyond a fine. From demerit points and licence suspension to insurance impacts and potential criminal exposure, the effects can touch every part of your life.
At XPolice, we take a strategic, informed approach because every decision matters. Understanding your rights and having experienced legal guidance can protect your driving record — and your future.
If you’re facing a failing to remain charge, let XPolice fight for you. Get trusted defence, personalised support, and real results — contact us today to secure your best possible outcome.