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.

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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.

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

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.

Aras AAras A
20:36 27 Mar 24
Volodymyr was super helpful and I would not hesitate using their services in the future.
harsh sidhuharsh sidhu
21:32 22 Mar 24
Hands down best experience from a traffic ticket lawyer. Volodymyr Did a great job at fighting my ticket in court told me how it would look did a great job at talking to the crown and getting my tickets dismissed. 100% satisfied.
JJ
08:10 08 Mar 24
I was really very appreciative of the efforts of Traffic paralegal services (Caledon office) and the way they managed my traffic ticket. I spoke to Leanne after being issued with an unfair traffic ticket by a belligerent, somewhat biased police officer who was overbearing and seemed to take pleasure in exercising his inflated sense of power! I called the Caledon office in a distraught state and explained my particular situation. I felt truly "heard" by Leanne who was very understanding, helpful and took the time to listen to my story offering useful feedback in a comforting and kind manner. I was at risk of not only a $600 plus fine but also demerit points and a sure increase in insurance if I was charged not to mention my clean record being smeared!Traffic paralegal services were professional, updated me regularly and my charges and fine were withdrawn leaving my record intact! I was mostly grateful for Leanne who took into account my particular situation and the circumstances of the issuance of the traffic ticket and took it in hand to fight my case. Very satisfied with the outcome and the pleasant hassle free process thanks to Leanne and her team!
Pavel HalkoPavel Halko
21:09 06 Mar 24
Both tickets dropped completely. Will definitely recommend and use in the future if needed.
Manoj KumarManoj Kumar
09:57 30 Jan 24
Great service
Celeste BiancaCeleste Bianca
19:40 12 Dec 23
I cannot fully describe in words how amazing the people are who work here! Leanne is the freaking best! I had a charge that was really going to screw up my future and they worked diligently and compassionately to not only get the charges thrown out but to also comfort me through the process! Leanne is the kind of person you want on your side! I cannot thank her and her team enough!!!!!10/10 definitely recommend!!Now, I can happily breathe!
Ruby BrarRuby Brar
15:55 29 Aug 23
My experience was really disappointing. I paid double the cost of my ticket for their services, only to be left with the same offer the prosecution gave me on day 1. Nothing was reduced, not the charge or points so it was a waste of money for me. Everyone I interacted with at Traffic Paralegal Services was nice but I wasn't paying $700 for that... at the most, they delayed the case a few months but overall, I wouldn't recommend.
SoniaSonia
18:31 08 Jul 23
My family and I have used Traffic Paralegal Services a few times and each time we have been extremely satisfied with the level of service we have recieved. All of the staff have been exceptionally wonderful, professional and courteous. Any questions or concerns we have, have been addressed promptly and the staff are in constant communication with you. This helps alleviate any additional stress one may have as they truly take on your case and manage all hearings, court dates and represent you! A special shout out to Volodymyr who represented both my Mom and brother and saved them their demerit points and convictions. He has done an exceptional job pleading their cases. Their rates are beyond fair for the time and efforts they put in to resolving your case. I would highly recommend Traffic Paralegal Services and would use them in the future again if needed.
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Our Team

Volodymyr Menok

President – Licenced Paralegal

Michael Walt

Founder

Leanne Principato

Licenced Paralegal

FAQ

What does "Fail to Remain" mean?

"Fail to Remain" refers to leaving the scene of an accident without fulfilling your legal obligations.

What are the penalties for "Fail to Remain" in Ontario?

Penalties for failure to remain at the scene of an accident can include hefty fines, 7 demerit points, potential imprisonment, and suspension of your driver's license.

Can I fight a "Fail to Remain" charge in court?

Yes, with experienced legal help, you can challenge a "Fail to Remain" charge.

Why should I hire Traffic Paralegal Services?

We have extensive experience in dealing with "Fail to Remain" charges, and we know how to navigate the complexities of traffic law to defend your case effectively. Traffic Paralegal Services can help you navigate the legal system, potentially reducing your penalties or even having the charges dismissed.

What factors could worsen the consequences of a "Fail to Remain" charge?

The extent of damage or injury, your previous driving record, and any negligent behaviour can all influence the severity of the penalties.

What are my obligations if I am involved in an accident?

You are required to stop, offer help, and provide your information to the other parties involved and/or to the police.

Can I get a "Fail to Remain" charge even if the accident was minor?

Yes, even if the accident resulted in minor damage, but still over $2,000, leaving the scene could lead to a "Fail to Remain" charge.

Can failing to remain at the scene of an accident affect my insurance rates?

Yes, failing to remain at the scene of an accident can significantly impact your insurance rates. Insurance companies may view this behavior as a serious violation, leading to increased premiums or even cancellation of your policy. Additionally, you may face other legal consequences such as fines, demerit points, and potential imprisonment.