Fail to Remain

Navigating “Fail to Remain” Charges in Ontario with Traffic Paralegal Services

Ontario’s Highway Traffic Act mandates drivers to stop at the scene in the unfortunate event of an accident. But what happens if a driver fails to do so? Let us unravel the intricacies of the “Fail to Remain” charge and how Traffic Paralegal Services can assist you in these situations.

What is “Fail to Remain”?

“Fail to Remain” or “Failure to Remain at the Scene of an Accident” is a term used in Ontario’s traffic law that refers to the act of leaving the scene of an accident without fulfilling your legal obligations. It is also known as a “hit and run” offence. However, it is crucial to understand the nuances between “Fail to Remain at the Scene of an Accident” and “Fail to Stop at the Scene of an Accident,” as these offenses, while similar, are distinguished by specific legislative interpretations under the Highway Traffic Act and Criminal Code.

Legislative Differences: Highway Traffic Act vs. Criminal Code

Under Ontario’s Highway Traffic Act (HTA), “Fail to Remain” specifically refers to the requirement to stop after being involved in an accident and provide necessary information to all involved parties. This is a provincial offense, often resulting in fines, demerit points, and potential license suspension.

On the other hand, the Criminal Code of Canada deals with more severe cases under “Fail to Stop at the Scene of an Accident.” This is generally applied when the failure to stop results in criminal negligence or involves serious injuries or fatalities. The consequences under the Criminal Code are much harsher, including imprisonment and a permanent criminal record.

Understanding these distinctions is vital, as they determine the severity of the penalties you may face and the approach that Traffic Paralegal Services will take in defending your case.

In a Hit and Run Accident with Personal Injuries/Bodily Harm

If you are involved in a collision that results in personal injuries or bodily harm, it is your responsibility to stop, render aid where possible, and provide your contact and insurance details to the affected parties or to law enforcement. Failing to do so can result in severe consequences, including criminal charges under the Criminal Code.

In a Hit and Run Accident without Personal Injuries/Bodily Harm

Even if no personal injuries occur, but the damage is in excess of $2,000, you must still stop your vehicle, identify yourself, and exchange insurance information. You may think a minor scratch or a dent does not warrant stopping, but leaving the scene in such cases could still lead to a “Fail to Remain” charge under the Highway Traffic Act.

Fail to Remain at Scene of Accident: Legal Obligations in Ontario

After any accident, drivers in Ontario are legally obligated to:

1. Stop Immediately: Pull over safely to the side of the road.
2. Render Assistance: If someone is injured, offer assistance where possible. Call emergency services if necessary.
3. Exchange Information: Provide your name, address, driver’s license number, vehicle registration, and insurance details to the other party involved in the accident.
4. Report the Accident: If the damage exceeds $2,000 or if there are any injuries, report the accident to the police as soon as possible.

Failure to adhere to these steps can lead to charges under the Highway Traffic Act or even the Criminal Code, depending on the severity of the accident and the nature of the failure to comply.

Penalties for “Fail to Remain”

The penalties associated with failing to remain at the scene of an accident are significant in Ontario:

• A fine between $400 and $2,000: The monetary penalty varies based on the specifics of the incident and any aggravating factors.
• 7 demerit points: A significant impact on your driving record that can lead to higher insurance premiums and potential license suspension.
• Possible imprisonment for up to six months: While less common for first-time offenders, repeat violations or severe circumstances can lead to jail time.
• Suspension of driver’s license for a period of up to two years: For first offenses, the suspension can last up to two years. However, repeated offenses can result in an indefinite suspension.
• Insurance Consequences: Beyond the legal penalties, a “Fail to Remain” conviction can lead to skyrocketing insurance premiums or even policy cancellation.

Consequences of Failing to Remain at the Scene of an Accident in Ontario

Failing to remain at the scene of an accident is a serious offence under Ontario’s Highway Traffic Act. When you leave the scene without providing the necessary information or rendering assistance, you are not only violating the law but also potentially facing severe penalties. These penalties include significant fines, demerit points, and possible license suspension. In cases where personal injury or substantial damage occurs, the charges can be escalated to criminal charges, which carry even harsher consequences. It’s essential to understand that failing to remain at the scene of an accident can drastically impact your future, from legal ramifications to skyrocketing insurance premiums. Seeking professional help from Traffic Paralegal Services can provide you with the guidance needed to navigate these charges and minimize their impact on your life.

Aggravating Factors in “Fail to Remain” Charges

Several factors can enhance the severity of the penalties you face, such as:

• The extent of damage or injury
• Your past driving record and any previous convictions
• Any negligence or excessive speed that contributed to the accident

Common Situations That Can Lead to Failing to Stay After an Accident

A fail to remain at scene of accident case can happen in various everyday situations, not just dramatic highway collisions. Common scenarios include a driver hitting a parked vehicle and leaving without leaving a note, striking a pedestrian or cyclist and fleeing, or even sideswiping another car and failing to stop. Regardless of the severity, these actions are legally treated as hit and run incidents and carry serious consequences under Ontario law.

Why Some Drivers Flee After a Collision: Key Risk Factors

Drivers involved in a fail to remain collision may panic or flee for reasons like driving without insurance, having a suspended license, being impaired, or simply not understanding their legal obligations. Unfortunately, leaving the scene almost always results in more severe penalties than staying and cooperating, especially if someone was injured or property was damaged.

How Ontario Investigates Hit and Run Cases

Under the Fail to Remain Highway Traffic Act, police investigations often begin with witness statements, surveillance footage, or paint and debris left at the scene. Investigators can track vehicles through license plate numbers, public cameras, and vehicle damage reports. A failure to remain at the scene of an accident Ontario charge is pursued seriously, especially when the incident involves bodily harm or criminal negligence.

Fighting “Fail to Remain” Charges with Traffic Paralegal Services

“Fail to Remain” charges can have a severe impact on your life, but remember, you have legal rights and options. Engaging professional help from Traffic Paralegal Services can make a significant difference in the outcome of your case.

Our team of seasoned paralegals has a deep understanding of Ontario’s Highway Traffic Act and vast experience in representing clients charged with “Fail to Remain.” We will work tirelessly to challenge the evidence, question law enforcement procedures, and advocate for you to eliminate or at least reduce the charges or penalties.

Being charged with “Fail to Remain” is daunting, but with Traffic Paralegal Services on your side, you do not have to face it alone. Do not let a “Fail to Remain” charge disrupt your life. Contact Traffic Paralegal Services today. We are committed to protecting your rights and helping you navigate the challenging path ahead. Reach out to us today and take the first step to beat your charge.