What is a Fail to Remain at the Scene of an Accident?

A “fail to remain at the scene of an accident” ticket is issued when a driver involved in an accident does not stop and provide the necessary information before leaving the scene. In Ontario, under the Highway Traffic Act, this is considered a serious offence. The law mandates that any driver involved in an accident must remain at the scene, assist any injured persons, and provide their details to the police and other involved parties. Failure to do so can result in significant penalties.

The Penalties for Failing to Remain

The penalties for failing to remain at the scene of an accident in Ontario are severe. They include:

  • Fines: A conviction can result in fines ranging from $400 to $2,000.
  • Demerit Points: A conviction carries seven demerit points on your driving record, which can lead to a potential suspension of your driver’s license.
  • License Suspension: Depending on the severity and circumstances, a driver’s license can be suspended for up to two years.
  • Imprisonment: In extreme cases, failing to remain at the scene can result in imprisonment for up to six months.

These penalties emphasize the importance of understanding and complying with the legal requirements following a traffic accident.

Your Duties in a Traffic Accident

If you are involved in a traffic accident in Ontario, you have specific duties to fulfill:

  1. Stop Immediately: Ensure you stop your vehicle as close to the scene as possible without obstructing traffic.
  2. Provide Assistance: Check for injuries and provide assistance. If necessary, call emergency services immediately.
  3. Exchange Information: Exchange your name, address, vehicle registration, and insurance details with the other parties involved.
  4. Report to the Police: If the accident results in injury, death, or significant property damage, you must report it to the police as soon as possible.

Failing to perform these duties can lead to a charge of failing to remain at the scene, carrying serious legal consequences.

How to Successfully Defend Against a Fail to Remain Charge

Successfully defending against a fail to remain at the scene of an accident ticket requires a strategic approach and understanding of the law. Here are steps to consider:

  1. Consult a Legal Professional: Engaging a paralegal or lawyer specializing in traffic offences can provide you with the necessary expertise to navigate your case effectively.
  2. Gather Evidence: Collect any evidence that supports your version of events. This can include witness statements, photographs of the accident scene, and any relevant documents.
  3. Challenge the Evidence: Examine the evidence presented by the prosecution for any inconsistencies or inaccuracies. This might involve questioning the reliability of witness testimonies or the accuracy of police reports.
  4. Prove Due Diligence: Demonstrate that you made reasonable efforts to remain at the scene and fulfill your duties. This could involve showing that leaving the scene was necessary due to immediate danger or a medical emergency.
  5. Negotiate a Plea: In some cases, negotiating a plea to a lesser charge might be the best course of action. A legal professional can assist in these negotiations to reduce the impact on your driving record and penalties.

Failing to remain at the scene of an accident in Ontario is a serious offence with severe penalties, including hefty fines, seven demerit points, potential license suspension, and possible imprisonment. Drivers involved in accidents must stop, provide assistance, exchange information, and report the incident to the police if necessary.

Traffic Paralegal Services offers specialized assistance in fighting fail to remain at the scene of accident tickets. By leveraging our expertise and comprehensive understanding of traffic law, Traffic Paralegal Services can significantly enhance your chances of successfully defending against a fail to remain ticket, minimizing the impact on your driving record and overall life.

FAQs

A failure to remain ticket is issued when a driver leaves the scene of an accident without fulfilling the legal obligations to stop, provide assistance, exchange information, and report the incident to the police if necessary.

Receiving seven demerit points for failing to remain at the scene of an accident can lead to a potential suspension of your driver’s license, and a record of serious driving offences that could impact your insurance and future legal matters.

A legal professional can help by providing advice, representing you in court, challenging the evidence against you, and negotiating for reduced charges or penalties. They can guide you through the legal process and improve your chances of a favorable outcome.