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.

If convicted of Fail to Stop at accident under the Criminal Code of Canada the driver is liable for;

• fines
• criminal record for life
• imprisonment for a term not exceeding five years or
• driver licence suspension from one to ten 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
• Six demerit points
• Mandatory licence suspension for novice drivers
• Possible six (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 proceedings for fail to remain accidents,

• evidence that an accused failed to stop their vehicle, and
• offer assistance
• where any person has been injured or
• appears to require assistance and give his 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 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:

• 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 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.