Failing to Remain at the Scene of an Accident: Understanding the Charge in Ontario
Being involved in a collision can be stressful. Knowing what to do afterwards is crucial, especially if the police issue a ticket for failing to remain at the scene of the accident. This page provides a comprehensive overview of this serious offence in Ontario, including the legal definition, potential penalties, available defences, and how Traffic Law Paralegal Services can assist you. We have defended many fail to remain charges in Toronto, Misissauga and other jurisdictions.
What is Failing to Remain at the Scene of an Accident?
The Highway Traffic Act (HTA) Section 200(1)(a) outlines the offence of failing to remain at the scene of an accident in Ontario. Here's the exact wording of the relevant part of the Act:
Duty of person in charge of vehicle in case of accident
200 (1) Where an accident occurs on a highway, every person in charge of a vehicle or street car that is directly or indirectly involved in the accident shall,
(a) remain at or immediately return to the scene of the accident;
(b) render all possible assistance; and
(c) upon request, give in writing to anyone sustaining loss or injury or to any police officer or to any witness his or her name, address, driver’s licence number and jurisdiction of issuance, motor vehicle liability insurance policy insurer and policy number, name and address of the registered owner of the vehicle and the vehicle permit number.
https://www.ontario.ca/laws/statute/90h08?search=aut#BK333
In simpler terms, it means a driver involved in a collision has a legal obligation to stay on the scene. This applies to any collision, regardless of severity. There are exceptions to this rule, such as seeking medical attention if you're injured and unable to stay. However, you must still report the collision to the police as soon as possible.
What are the Penalties for Failing to Remain?
A conviction for failing to remain at the scene of an accident carries significant consequences. These include:
- Monetary Fine: $400 to $2,000
- Demerit Points: 7 demerit points added to your driver's licence
- Driver's Licence Suspension: Up to 2 years for a first offence, with the possibility of a longer suspension for repeat offenders.
- Potential Jail Time: Up to 6 months
- Increased Insurance Rates: Insurance companies view this offence very seriously and may significantly increase your rates or even cancel your policy.
Defences for Failing to Remain at the Scene of an Accident
There are defences available for failing to remain allegations, but their validity depends on the specific circumstances of your case. These defences typically focus on whether you had a legitimate reason for leaving the scene.
Traffic Law Paralegal Services can help you assess the potential defences in your fail to remain case and determine the best course of action.
How Traffic Law Paralegal Services Can Help
Facing a charge of failing to remain at the scene of an accident can be overwhelming. Traffic Law Paralegal Services can provide invaluable assistance by:
- Obtaining and Reviewing the evidence: We will collect and thoroughly examine the police reports, witness statements, and any other relevant evidence to assess the strength of the case against you.
- Building a Defence Strategy: Based on the evidence, we will develop a strong defence strategy to fight the charges or negotiate a favourable outcome.
- Representing You in Court: Our experienced paralegal will represent you in court and ensure your rights are protected throughout the legal process.
If you have been charged with failing to remain at the scene of an accident in Toronto, Mississauga or other jurisdiction in Ontario, don't hesitate to contact Traffic Law Paralegal Services today.
