In the Province of Ontario there are two (2) types of laws for fail to remain accidents;
Each charge has different rules and implications. Usually charges laid under the Ontario Highway Traffic Act are more minor in nature but can have serious consequences versus the Criminal Code of Canada.
If convicted of Fail to Stop at accident under the Criminal Code of Canada the driver is liable for;
Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with
and with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance is guilty of a criminal offence.
Mr. Charitsis provided excellent service when it came to defending my brother’s Fail to Remain charge. Not only was the original criminal charge dropped, but so were the traffic charges that the Crown requested in lieu of the criminal charge. I highly recommend Nicholas Charitsis as your lawyer. He is full of knowledge and confidence that leaves you feeling at ease when you leave his office. Ana V. Toronto (Google Reviews)
The penalty for failing to remain under the Highway Traffic Act is:
Under the Highway Traffic Act the implications of a conviction for fail to remain can be as serious as under the Criminal Code of Canada but under the Highway Traffic Act the driver would not receive a criminal record.
Every person who commits an offence under subsection (1) knowing that bodily harm has been caused to another person involved in the accident is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life if the person knows that another person involved in the accident is dead; or the person knows that bodily harm has been caused to another person involved in the accident and is reckless as to whether the death of the other person results from that bodily harm, and the death of that other person so results.
In proceedings for fail to remain accidents,
in the absence of evidence to the contrary, is proof of an intent to escape civil or criminal liability in a criminal proceeding.
Frequently people believe that if the police are investigating them or have laid charges then they are guilty of the offence, but thats not true.
Often there are reasonable explanations and defences to the charge that you or the officer’s may not have understood at the time.
It’s our job as your criminal defence team to clearly explain your defence and dispute any evidence that maybe presented to the judge.
Many times during the course of our defence preparations we find legal issues and that can result in the criminal charge being dropped to a traffic ticket or completely dismissed.
Where you need to win and have your charges dropped, call to get legal advice and representation from the GTA’s best reviewed criminal defence team. Call today at 416-771-7113.
Definitely one of the best lawyers to work with, They weren’t the cheapest law firm I spoke to, but I didn’t want a “bargain” lawyer. I wanted a law firm that was going to win my case. In dealing with them I always felt comfortable that was getting superior representation. I was recommended by another lawyer (my business lawyer), charges were dismissed at trial! David J. Toronto.
Not every case goes to trial. Prior to any trial we have an opportunity to meet with the crown attorney in a “pretrial” to review the case to discuss:
Many times we are able to resolve criminal charges to traffic tickets without licence suspensions or a criminal record being applied.
You’re not guilty unless a judge says you are, not the police nor the crown attorney.
It’s your right as a Canadian citizen to be properly defended in court and to have the evidence of your accuser challenged by a criminal lawyer.
As a criminal defence lawyer I have years of experience with fail to remain, fail to stop charges and motor vehicle law. Together with my network of legal professionals I provide experienced legal representation for those looking to do everything possible to win and be properly represented in criminal court.
Knowing the court system, the crown attorney’s, police and judges and having them know you can have dramatic implications. Experience does count in criminal defence.
Your lawyer’s reputation can have a bearing as to how your case proceeds and I stake mine on doing everything possible to win your case, ensuring the best possible defence, with the reviews and winnings to prove it. The court knows the lawyers who fight for their clients and present compelling and aggressive defence arguments.
Call today at 416-771-7713 to discuss your criminal defence today.
This site is for information only and is not meant to replace qualified legal advice by a criminal defence lawyer. The application and interpretation of law, regarding failing to remain and motor vehicle accidents is constantly changing, the writers shall not be held responsible for any information that may be incorrect or out of date. The owners of this website recommend that anyone wishing to fight a criminal charge obtain qualified legal advice before doing so.
Rachel Singh
2 days ago
★★★★★ Nick and his team of criminal lawyers worked on my impaired driving case. I was worried about getting a criminal record, but they took care of everything.They got my charge dropped to a traffic ticket, not a criminal offence. I’m so happy with the result. Before the trial date, I met with his team at least 8 times total to watch surveillance videos of me, solidify my defence, give me some info about the law, and do a dry run of the trial with my friend who was going to testify with me. I felt as comfortable as I could given the situation since he prepared me well. Nick has a good report with the court which I believe was to my advantage. He also prepared two back up technical defences. I recommend Charitsis Lawyers highly.
Carlos Villarreal
4 days ago
★★★★★ I had never been accused in my life. Nicolás and his team guided me through the whole process, with good customer service and impeccable results. They are very professional and experienced. Great Lawyer, Highly recommended
Olena Kuchuryan
7 days ago
★★★★★ My husband was charged with impaired driving and over 80. We felt totally hopeless. We saw a bunch of criminal lawyers for initial consultation, but only after meeting with Nicholas Charitsis and Vadim Paskaru we could see that they would do whatever it takes to win our case. It was a difficult case, but Nicholas and Vadim were with us every step of the way, supporting us, explaining next steps, always answering our questions. They were very easy to get in touch with whenever we needed them. As a result of their work, the impaired driving and over 80 charges were withdrawn. My husband ended up with a careless driving ticket, no criminal record. We are very grateful to this amazing team of knowledgeable and skilled criminal lawyers. We would recommend them to anyone who is in trouble and does not know what to do.
Mohammad Niazi
1 week ago
★★★★★ Highly recommend the firm and truly appreciate their hard work, this firm are the best at what they do, they have withdrawn my both charges of Drive over 80 and Impaired Driving. They are a bit pricey but however that’s what it needs for professionals to resolve your matters and they had the courtesy to have me pay it over a period of time so definitely worth it regardless. I recommend them to anyone with any kind of criminal cases specially what I went through as results was awesome. highly recommend 100% no doubt. I’m super happy with their work and results.
John Stocco
2 weeks ago
★★★★★ I was charged with Care and Control of a Motor Vehicle over 80mg. From the moment I contacted Vadim Paskarou at Charitsis Law, I was put as ease. Vadim was simply outstanding to watch when cross examining the officer who charged me. If you have been charged with a criminal offence then I would highly recommend contacting them!
Nathan Bowman
1 month ago
★★★★★ I was charged with impaired over 80 and it was my second offence. I found Nicholas to be very honest and upfront about my case. In our first consultation I was advised what the crown would be looking for in the event that I was found guilty. I left the office feeling pretty low as I was likely to serve time and also have a 3 year absolute driving prohibition. Nicholas provided me with my options and gave me time to think about how I wanted to proceed. In the end I took his professional advise and pleaded guilty to a resolution that I feel he worked very hard to get. In the end I walked out of court with no jail time and a 9 month suspension. The results were amazing and actually exceeded my expectations of what could have resulted from these charges. Thanks again Nicholas for all your hard work. I would also like to thank all of your support staff that are a pleasure to deal with.
Nathan Bowman
1 month ago
★★★★★ I’m extremely happy with the results of my case. Nicholas was able to get my criminal charges dropped with no criminal record. His office was extremely helpful during the entire time that my case was being handled. I received excellent value for the fees that I paid. Highly recommend Nicholas to anyone in need of a top criminal lawyer.
Steve Gasiorek
1 month ago
★★★★★ My first DUI case was a big scare to me. During our first meeting Nick introduced Vadim, who was exceptional. My case was weak with some chance of winning. I didn’t feel any pressure from them, still, decided to go for a trial. Now, after the trial, I can say that it was my best decision in years. Nick’s office is well organized, my calls were promptly answered and messages passed on. Vadim prepared me for the trial and presented himself an extremely efficient lawyer. His knowledge about the smallest details of impaired driving, my case and similar cases where charges were dropped was amazing. His presentation of facts and conclusions was extremely well articulated and arguments for dismissal very well supported, In short: – Nick’s team exceeded my highest expectations in every respect Highly recommended!.
Simos Athanasiadis
2 months ago
★★★★★ Top Criminal DUI lawyer. His fees were higher than others in this category, but the service provided is outstanding and well worth the cost. I learned the hard way by hiring a cheaper lawyer that was screwing up my case. As soon as a brought my Over 80mgs and Impaired driving charges to Nick he identified the loophole that was able to get my case dismissed at trial. Make the right decision and hire Nick from the start.
Bipin Mistry
2 months ago
★★★★★ God Bless Nicholas for taking on my DUI case and saving me from going to jail. The circumstances of my impaired driving case involved breathalyzer readings almost 4 times the legal limit with a head on collision on the highway. The crown attorney was asking the judge to send me to jail for 6 months. Nicholas was able to reduce my charges down to a fine and 3 months suspension of my driver’s license. I was completely shocked with this outcome as I thought jail time was certain for me. Thank you Nick for believing in me and taking on my case. Your reputation is everything.
Aristotle Nicomachus
3 months ago
★★★★★ I’m extremely satisfied with the results and service provided. My driving while impaired charges were dropped after trial at the Brampton court. As a criminal lawyer Nick was always professional and to the point. He kept me updated after every court appearance and even went the extra mile to destroy my finger prints photographs and police record of arrest after my charges were all dismissed. I’m glad I selected him as my lawyer and now consider him like family. I’ve referred Nick to 2 of my friends with the same problem and he has beat both of their cases too!.
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