16009 Airport Rd. Caledon East, ON
905-860-1112
Fail to Remain
Section 200(1) of Ontario’s Highway Traffic Act mandates that drivers stop at the scene of an accident. But what happens if a driver fails to do so? Let us unravel the intricacies of the “Fail to Remain” charge and how Traffic Paralegal Services can assist you in these situations.
What is “Fail to Remain”?
In Ontario, “Fail to Remain” refers to the offense of leaving the scene of an accident without completing your legal obligations. This violation is taken very seriously under the Highway Traffic Act and, in more severe cases, under the Criminal Code of Canada. Many drivers mistakenly think of it simply as a “hit and run,” but in law, it is formally referred to as failing to remain at the scene of an accident in Ontario.
If you are involved in any type of collision, whether it’s a major accident or a minor fender bender, you are legally required to:
- Stop immediately.
- Provide your name, address, and insurance details.
- Offer assistance if someone is injured.
Failure to do so may lead to serious fail to remain Ontario charges.
Fail to Remain in Different Situations
- Fail to Remain at the Scene of an Accident Ontario. This typically applies when a driver leaves the scene of a roadway accident without reporting it or sharing information. Penalties include heavy fines, demerit points, license suspension, and possible jail time.
- Failing to Remain at the Scene of an Accident Ontario. This phrase is often used interchangeably, but it emphasizes the legal duty of a driver to remain at the scene until all obligations are fulfilled.
- Fail to Remain Parking Lot Ontario. Many drivers underestimate accidents in parking lots. Even if the collision seems minor — such as scratching another vehicle — leaving without leaving your details still counts as fail to remain and carries the same legal consequences.
Why “Fail to Remain” Is Serious
Leaving the scene is viewed as an attempt to avoid responsibility. A conviction for fail to remain at scene of accident Ontario can have long-term consequences, including:
- Demerit points and possible license suspension.
- Substantial fines.
- A permanent mark on your driving record.
- Increased insurance rates or even policy cancellation.
- In serious cases, criminal charges and potential jail time.
If you are facing a fail to remain Ontario charge, seeking immediate legal advice from a paralegal or experts is crucial. Professional guidance can help you understand your rights, minimize penalties, and explore potential defenses.
Comment from our senior Paralegal: Fail to remain is treated seriously because the court looks at what happened after the collision, not only how the collision occurred. The key issues are usually identity, knowledge, damage, injuries, communication at the scene, and whether the driver had a lawful explanation for leaving.
“Fail to Remain” or “Failure to Remain at the Scene of an Accident” is a term used in Ontario’s traffic law that refers to the act of leaving the scene of an accident without fulfilling your legal obligations. It is also known as a “hit and run” offence. However, it is crucial to understand the nuances between “Fail to Remain at the Scene of an Accident” and “Fail to Stop at the Scene of an Accident,” as these offenses, while similar, are distinguished by specific legislative interpretations under the Highway Traffic Act and Criminal Code.
Legislative Differences: Highway Traffic Act vs. Criminal Code
Under Ontario's Highway Traffic Act (HTA), "Fail to Remain" specifically refers to the requirement to stop after being involved in an accident and provide necessary information to all involved parties. This is a provincial offense, often resulting in fines, demerit points, and potential license suspension.
On the other hand, the Criminal Code of Canada deals with more severe cases under "Fail to Stop at the Scene of an Accident." This is generally applied when the failure to stop results in criminal negligence or involves serious injuries or fatalities. The consequences under the Criminal Code are much harsher, including imprisonment and a permanent criminal record.
Understanding these distinctions is vital, as they determine the severity of the penalties you may face and the approach that Traffic Paralegal Services will take in defending your case.
In a Hit and Run Accident with Personal Injuries/Bodily Harm
If you are involved in a collision that results in personal injuries or bodily harm, it is your responsibility to stop, render aid where possible, and provide your contact and insurance details to the affected parties or to law enforcement. Failing to do so can result in severe consequences, including criminal charges under the Criminal Code.
In a Hit and Run Accident without Personal Injuries/Bodily Harm
Even if no personal injuries occur, but the damage is in excess of $2,000, you must still stop your vehicle, identify yourself, and exchange insurance information. You may think a minor scratch or a dent does not warrant stopping, but leaving the scene in such cases could still lead to a “Fail to Remain” charge under the Highway Traffic Act.
We recommend to drivers: after any collision, stop safely, exchange information, document the scene, and avoid guessing about fault at the roadside. A short, emotional statement made in the moment can become important evidence later.
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Ontario (905) 860-1112Fail to Remain at Scene of Accident: Legal Obligations in Ontario
After any accident, drivers in Ontario are legally obligated to:
- Stop Immediately: Pull over safely to the side of the road.
- Render Assistance: If someone is injured, offer assistance where possible. Call emergency services if necessary.
- Exchange Information: Provide your name, address, driver’s license number, vehicle registration, and insurance details to the other party involved in the accident.
- Report the Accident: If the damage exceeds $2,000 or if there are any injuries, report the accident to the police as soon as possible.
Failure to adhere to these steps can lead to charges under the Highway Traffic Act or even the Criminal Code, depending on the severity of the accident and the nature of the failure to comply.
Our chief legal representative notes: In fail-to-remain cases, the disclosure often includes officer notes, witness statements, photos, 911 details, and sometimes repair or insurance records. What is missing from that package can be just as important as what is included.
Penalties for “Fail to Remain”
The penalties associated with failing to remain at the scene of an accident are significant in Ontario:
- A fine between $400 and $2,000: The monetary penalty varies based on the specifics of the incident and any aggravating factors.
- 7 demerit points: A significant impact on your driving record that can lead to higher insurance premiums and potential license suspension.
- Possible imprisonment for up to six months: While less common for first-time offenders, repeat violations or severe circumstances can lead to jail time.
- Suspension of driver’s license for a period of up to two years: For first offenses, the suspension can last up to two years. However, repeated offenses can result in an indefinite suspension.
- Insurance Consequences: Beyond the legal penalties, a “Fail to Remain” conviction can lead to skyrocketing insurance premiums or even policy cancellation.
Failing to remain at the scene of an accident is considered a serious offence under the Ontario Highway Traffic Act. The table below outlines related traffic offences and the number of demerit points that may be added to your driving record after a conviction.
| Offence | Demerit Points | Possible Penalties |
| Fail to Remain at Scene of Accident | 7 | Fine, licence suspension, and possible jail time |
| Fail to Report an Accident | 3 | Fine and demerit points added to driving record |
| Careless Driving | 6 | Higher fines, licence suspension, and insurance consequences |
| Following Too Closely | 4 | Fine, demerit points, and increased insurance premiums |
How We Handle Fail to Remain Charges
If you are charged with fail to remain Ontario, the outcome of your case will depend on the evidence, circumstances, and how your defence is built. Cases involving a fail to remain collision in Ontario often require a detailed review of what actually happened and how the situation was assessed by police.
At Traffic Paralegal Services, we take a structured approach to every case:
- Review police reports and available evidence
- Identify inconsistencies or procedural issues
- Assess possible defence strategies
- Negotiate with the prosecutor when appropriate
- Represent you in court if needed
Our goal is to reduce penalties or have the charge withdrawn whenever possible, while protecting your driving record and minimizing long-term consequences.
Why Choose Traffic Paralegal Services
Choosing the right legal support can make a significant difference in the outcome of your case. At Traffic Paralegal Services, we focus on helping drivers navigate fail to remain Ontario charges, including cases related to a failure to remain at the scene of an accident in Ontario, with a clear strategy and practical legal guidance.
- Extensive experience handling fail to remain and other traffic-related offences
- Strong understanding of Ontario’s Highway Traffic Act and court procedures
- Focus on protecting your driving record and minimizing long-term consequences
- Representation in court when required
- Clear communication at every stage of your case
We work to reduce penalties or have charges withdrawn whenever possible, giving you the best chance to protect your licence and your future.
If you are facing a fail to remain at scene of accident charge, contact Traffic Paralegal Services today to review your case and understand your legal options.
Hear What Clients Are Saying About Us
“Amazing service. So happy I listened to my guts and walked through your door. Thanks a million Steven!!! Took the time to explain the process and possible outcomes. Got the best result for me. Keep up the good work. And to Raquel for keeping me informed. I will definitely be recommending you to any one I know. Thanks again. Regards.”
“Such great and personalized service. Leanne is amazing. Had such great results! They did even better than what I was told in terms of outcome. I would definitely recommend them to friends and family. Thank you so much for your help!”
“My girlfriend recently was in a car accident, making a left hand turn, while the other person ran the the light and hit her. She was considered at fault. Patrica and her legal team did a great job and had achieved the results we wanted, won the issue for us. They were very nice and I would recommend their services.”
“Absolutely positive experience. Great customer service, very informative and will make you feel comfortable after consulting with you. They handle everything saving you both time and money. The outcome of my particular case was the best I could have asked for. Thank you, you will be highly recommended.”
FAQ
"Fail to Remain" refers to leaving the scene of an accident without fulfilling your legal obligations.
Penalties for failure to remain at the scene of an accident can include hefty fines, 7 demerit points, potential imprisonment, and suspension of your driver's license.
Yes, with experienced legal help, you can challenge a "Fail to Remain" charge.
We have extensive experience in dealing with "Fail to Remain" charges, and we know how to navigate the complexities of traffic law to defend your case effectively. Traffic Paralegal Services can help you navigate the legal system, potentially reducing your penalties or even having the charges dismissed.
The extent of damage or injury, your previous driving record, and any negligent behaviour can all influence the severity of the penalties.
You are required to stop, offer help, and provide your information to the other parties involved and/or to the police.
Yes, even if the accident resulted in minor damage, but still over $2,000, leaving the scene could lead to a "Fail to Remain" charge.
Yes, failing to remain at the scene of an accident can significantly impact your insurance rates. Insurance companies may view this behavior as a serious violation, leading to increased premiums or even cancellation of your policy. Additionally, you may face other legal consequences such as fines, demerit points, and potential imprisonment.
Our Licensed Paralegals
Within the confines of the legal playing field, we are dedicated to protecting our clients against prosecution and conviction. Get to know our team below and see how we can help you.
Volodymyr Menok
President – Licensed Paralegal- Licensed Paralegal in good standing with the Law Society Of Ontario
- Graduated with high honours from Sheridan College
- Speaks Ukrainian, Russian and Polish
- Joined TPS in 2014
- License Number: P10414
Michael Walt
Founder- 33 years Toronto Police officer
- Experience – Major Crimes Unit – District Drug Squad
- Drug/Undercover Investigator
- Criminal Investigation Branch
- Uniform Patrol
- Former Traffic Officer
- Commissioner of Oaths
- Founded TPS in 2008
Leanne Hollick
Licensed Paralegal- Licensed and in good standing with the Law Society Of Ontario
- Graduated from Sheridan College with High Honors
- Completed Placement hours with the Crown Attorney’s Office
- Commissioner of Oaths
- Joined TPS in 2018
- License Number: P11741
Let Us Fight For You
Fail to remain charges often arise in stressful situations where the facts surrounding a collision are not immediately clear. These cases frequently involve questions about driver identification, knowledge of the accident, communication between parties, and whether legal obligations were properly fulfilled. At Traffic Paralegal Services, we conduct a detailed review of the evidence and circumstances surrounding the incident to develop a defence strategy focused on protecting your licence, record, and future.
