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.
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.
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.
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
- 7 demerit points
- Possible imprisonment for up to six months
- Suspension of driver’s license for a period of up to two years for the first offence. Repeated offences can lead to an indefinite suspension.
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.
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FAQ
"Fail to Remain" refers to leaving the scene of an accident without fulfilling your legal obligations.
Penalties can include hefty fines, 7 demerit points, potential imprisonment, and suspension of your driver's license.
Yes, with experienced legal help, you can challenge a "Fail to Remain" charge.
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.
The extent of damage or injury, your previous driving record, and any negligent behaviour can all influence the severity of the penalties.
You are required to stop, offer help, and provide your information to the other parties involved and/or to the police.
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.