Fail to Remain

In the Province of Ontario there are two (2) types of laws for fail to remain accidents;

• fail to remain – Highway Traffic Act of Ontario section 200,1 (Traffic Act Law)
• fail to stop – Criminal Code of Canada section 252 (Criminal Law)

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.

Where a driver is convicted of Fail to Stop at an Accident, under the Criminal Code of Canada the driver may receive the following penalties:

• fines
• criminal record for life
• imprisonment for a term not exceeding 5 years or
• driver licence suspension from 1 to 10 years
• dramatically increased insurance premiums
• any other penalty the judge may impose under a summary conviction

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

• another person,
• a vehicle, vessel or aircraft, or
• in the case of a vehicle, cattle in the charge of another person,

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:

• fine up to $2500
• 6 demerit points
• mandatory licence suspension for novice drivers
• 6 month licence suspension for G drivers
• possible six (6) months jail for serious offences
• dramatic insurance increases for three (3) years or more

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 a trial for a charge of fail to remain at the scene of an accident, where there is evidence that an accused failed to stop their vehicle, and:

• offer assistance
• where any person has been injured
• or that person appears to require assistance, and
• does not give their name and address is…

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, but that’s not true.

Often there are reasonable explanations and defences to the charge that you or the officer 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 surrounding the case.

These legal issues that can result in the criminal charge being dropped to a lesser charge like a traffic ticket or completely dismissed.

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:

• what are the issues at trial
• are there any evidentiary issues
• are there sufficient grounds to support the charge
• can the charge be dropped to a traffic ticket
• is there a compromise available

Many times we are able to resolve criminal charges like fail to remain under the criminal code to traffic tickets without licence suspensions or a criminal record being applied.

Want legal advice or like to speak to a lawyer? The first step is to give us a call at 416-731-7113.

There is no fee or obligation to call and speak to us.  The discussion is held with complete privacy and confidence with the lawyer.

The lawyer will be able to give you an opinion about your case, and tell you:

• possible defences to the charge
• legal arguments in your case
• what you can do to help your case
• what the cost to defend the accusation would be

Where you decide to retain our services we will invite you to meet in our Toronto office or have a face to face Zoom online meeting.

In that meeting we’ll discuss the case in detail, plan your defence and arrange for the first court date.

We ask for a reasonable deposit upon retaining our services of 10 to 25 percent.