Monika Starova

An experienced professional dealing with Fail to Remain cases

FAIL TO REMAIN – 7 DEMERIT POINTS

A ticket for fail to remain:

Section 200(1) of Highway Traffic Act (HTA) – Fail to Remain at the Scene of an Accident

Drivers who fail to remain at the scene of an accident, or commit “Hit and Run” accidents, fall into two difference categories under Canadian Law.

Depending on the situation, the police can either charge the driver with “Failure to stop after accident” under section 320.16(1) of the Criminal Code of Canada, or for  “Fail to Remain at the scene of the accident” contrary to s. 200(1) of Ontario’s Highway Traffic Act.

• “Fail to remain at the scene of the accident” under the Highway Traffic Act is a provincial statute offence (an offence under the provincial laws of Ontario)
• “Failure to stop after accident” under the Criminal Code of Canada is a federal criminal offence.

If you are involved in a motor vehicle accident in Ontario, you are required by the Highway Traffic Act to do the following:

• Remain at or immediately return to the scene of the accident.
• Render all possible assistance.
• Upon request, give in writing to anyone sustaining loss or injury or to any police officer or to any witness their name, address, driver’s licence, insurance and name and address of the registered owner of the vehicle.
• If there is more than one thousand dollars ($1000.00) of damage to the vehicle or damage to the highway, the accident must be reported to the police forthwith.

Penalties for failing to remain:

1. Minimum fine of $400.00 to $2000.00
2. 6 demerit points
3. Possible imprisonment not more than 6 months
4. Additional license suspension, not more than 2 years.

If you have been involved in or accused of a fail to remain accident, call us for a consultation without any financial obligation at 1-866-485-4201.