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Failure to Remain After Accident (Criminal)

Fail to Remain at the Scene of an Accident in Ontario / Hit and Run Ontario

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The offense of failing to remain at the scene of an accident is governed by section 200 of the Highway Traffic Act in Ontario. This statute mandates that every driver involved in an accident must stay at the scene or return as quickly as possible to provide their details and assist anyone injured, commonly referred to as a "hit and run charge."

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In essence, a hit and run involves a driver colliding with another vehicle or streetcar and leaving the accident site. Depending on the circumstances, this act may lead to civil or criminal repercussions.

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A criminal charge, distinguishable from the provincial offense under the Highway Traffic Act, falls under the Criminal Code of Canada as "fail to stop." This charge carries the potential for a criminal record and significantly harsher penalties, contingent on the intent and resulting damages of the incident. Unlike the provincial statute, a criminal offense can occur anywhere, not just on roadways.

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This article focuses on the provincial offense of failing to remain at a collision scene as outlined in the Ontario Highway Traffic Act.

Actions Required in a Hit and Run Accident with Personal Injuries/Bodily Harm:

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Under the Highway Traffic Act, you are required to:

  • Stay at or immediately return to the accident scene;

  • Call the police if there are personal injuries;

  • Provide necessary assistance to those involved in the accident;

  • Assess the damage;

  • Notify the police if property damage exceeds $2,000;

  • Provide your contact details, driver’s license number, vehicle permit number, and insurance information in writing to a police officer or any affected party.

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Actions Required in a Hit and Run Accident without Personal Injuries/Bodily Harm:

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The requirements are similar, where you must:

  • Remain at or return promptly to the scene;

  • Offer assistance if needed to all involved;

  • Estimate the damage;

  • Contact the police if property damage surpasses $2,000;

  • Give your contact information, vehicle details, and insurance data in writing to either a police officer or anyone who suffered a loss or injury.

    If contacted by police post-accident, it’s imperative to consult with a lawyer before making any statements to ensure your legal rights are protected.

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Reasons Drivers Might Leave an Accident Scene:

  • Lack of insurance coverage;

  • Fear of DUI charges if impaired while driving;

  • Desire to avoid insurance premium increases;

  • Driving with a suspended license;

  • Fear of severe penalties for injuring a pedestrian;

  • Unawareness that an accident occurred.
     

Regardless of the reason, the law obligates drivers to report accidents. Failing to do so, especially while impaired, can lead to more severe consequences than the initial offense.
 

Penalties for Failing to Remain at an Accident Scene in Ontario:

  • 7 demerit points;

  • Fines ranging from $500 to $2,500;

  • Up to 2 years of driver’s license suspension;

  • Potential jail time of up to 6 months;

  • Increased insurance premiums.
     

Given the seriousness of hit and run penalties in Ontario, it's advisable to seek guidance from a traffic ticket paralegal or lawyer for legal advice and potential defense strategies.

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A skilled traffic ticket lawyer or paralegal can offer effective defense methods to maintain the cleanliness of your driving record, reduce fines and demerit points, prevent license suspension, or potentially dismiss the charge entirely.

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Additional Charges Typically Associated with Hit and Run in Ontario:

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These charges often include careless driving under the Highway Traffic Act and/or dangerous operation of a vehicle under the Criminal Code, along with failure to report an accident, which carries 3 demerit points.

It's important to note that while a conviction for failing to remain may lead to imprisonment, it does not result in a criminal record. Additionally, expect significant increases in insurance premiums or even a complete loss of coverage.

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Defenses Against a Fail to Remain Charge

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Haider Khan Legal has successfully argued defenses against the fail to remain charges by employing:

  • Due Diligence Defense: This allows the accused to demonstrate that they were without fault or that reasonable care was taken, establishing this on a balance of probabilities.

  • Prove It Defense: This requires that the prosecution prove the case beyond a reasonable doubt in court. It involves challenging the Crown’s evidence and case through effective cross-examination and closing arguments.

  • Reasonable Mistaken Belief Defense: Claiming ignorance of the law is not a valid defense; however, if the defendant can demonstrate that they honestly and reasonably believed in a mistaken set of facts, and if this belief is substantiated on a balance of probabilities, it may exonerate their actions.

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