Fail to Remain at the Scene of an Accident in Ontario / Hit and Run Ontario
Fail to remain is a provincial offence regulated by the Highway Traffic Act, section 200, which says that every driver in Ontario is expected to remain at the scene when an accident occurs or return to the scene as soon as possible to exchange driver particulars and assist any injured people. It’s often called “hit and run charge”.
Simply speaking, hit and run accident – is when one driver strikes another driver’s vehicle or street car and leaves the scene of a collision.
But depending on the situation, this charge can lead to civil or criminal liability.
A criminal offence under the Criminal Code of Canada, called failure to stop at the scene of an accident or fail to stop, carries a criminal record and much more severe charges depending on the intent and damages resulting from a motor vehicle accident.
A criminal offence can happen anywhere, unlike the Highway Traffic Act, where the offence must occur on the roadway.
In this article, we’ll tell you only about failing to remain at the scene of a collision as a provincial offence under the Ontario Highway Traffic Act.
What to do in Hit and Run Accident with personal injuries / bodily harm:
According to the Highway Traffic Act, you’re required to:
- remain at the scene of an accident or immediately return (if you’ve left);
- call to police in case of personal injury / injuries;
- provide assistance (if needed) to any person involved in a collision;
- make an estimation of damage;
- call the police if the property damage exceeds $2,000;
- give contact information (phone, name and address etc.) of the registered owner of the vehicle, driver’s licence number, vehicle permit number and insurance information in written to a police officer or to anyone sustaining loss/injury.
What to do in Hit and Run Accident without personal injuries / bodily harm:
According to the Highway Traffic Act, you’re required to:
- remain at the scene of an accident or immediately return (if you’ve left);
- offer assistance (if needed) to everybody involved in an accident;
- make an estimation of damage;
- call the police if the property damage exceeds $2,000;
- give contact information (phone, name and address etc.) of the registered owner of the vehicle, driver’s licence number, vehicle registration number and insurance information in writing to a police officer or to anyone sustaining loss/injury.
If the police have contacted you after the accident, you have to consult with a lawyer immediately. Do not give statements to police officers without legal advice!
Reasons why drivers leave the accident scene:
- They operate a motor vehicle without insurance;
- They are impaired and are afraid to get charged for driving while impaired;
- They do not wish to involve their insurance company to avoid insurance premium hikes;
- They drive while under suspension;
- They hit a pedestrian(s) and are afraid of punishment (possibly going to jail in cases of dangerous operation of a motor vehicle resulting in bodily injuries);
- There are also instances where the driver may not have known that the accident had occurred.
Please note that the law requires drivers to report an accident regardless of the above reasons. Yes, it is possible to get charged for driving while impaired due to having to report an accident. But the punishment can be much more severe if you fail to return to the scene of the accident or fail to report.
Penalties For Failure to Remain at the Scene of an Accident Ontario
A conviction for fail to remain at scene of accident in Ontario results in:
- 7 demerit points;
- fine from $500 to $2,500;
- driver’s licence suspension for up to a maximum of 2 years;
- possible jail time for up to 6 months;
- insurance rates increase.
As you can see, hit and run conviction in Ontario is quite serious in terms of penalties and liability. Thus, the most appropriate here is to consult with a traffic ticket paralegal or a lawyer to seek legal advice about your options.
A knowledgeable traffic ticket lawyer or paralegal will know how to provide you with the best possible defence and secure the cleanliness of your driving record for as long as possible while reducing your fines, demerit points, avoid hit and run license suspension or help you get rid of the charge(s) entirely.
Hit and run charges Ontario are usually accompanied by at least 2 more charges:
- careless driving (under the Highway Traffic Act) and/or dangerous operation of a motor vehicle (acc. to the Criminal Code) and/or
- fail to report an accident (3 demerit points).
How to Fight Charges for Fail to Remain at the Scene of an Accident in Ontario
To be brief:
- Don’t plead guilty and don’t pay your fail to remain ticket;
- Get legal advice and hire a reliable hit-and-run lawyer or paralegal.
As already mentioned, the best option for you to fight your ticket is to hire a professional traffic ticket paralegal to avoid harsh penalties and consequences.
If you want to do it by yourself – not a good idea! Why?
Because:
- you can make an incriminating statement under the pressure
- you don’t know how to cross-examine witnesses
- you are not aware of all legal processes and don’t know all aspects
- if you fail you may get 7 hit and run points, pay huge fines, face possible licence suspension and jail time
Every case is different, hence fighting hit and run charges in Ontario must be tackled by expert knowledge and knowing how the Ontario courts treat these cases when it comes to using police officer’s evidence and how to resolve these traffic tickets.
Process of Ontario hit and run accidents investigation
- Police start accident investigation.
- The police officer contacts the owner of the vehicle and invites them to the police station to clarify some peculiarities.
- Police may insist on your visit, but don’t do this without proper legal advice.
- Schedule a court date.
- Prior to your court date, your lawyer must attempt to get policeman’s evidence (video, audio, pictures, witness statements, police officer’s notes) and develop your own defence strategy.
Remember, once you’ve been contacted by the police and invited to the police station, immediately call X-COPS for your free consultation. Such a serious charge as leaving the scene of an accident Ontario requires the involvement of real specialists to help you to defend your rights and protect you from being misled by wrong advice.