Penalties for the failure to remain
Under Ontario law, the Highway Traffic Act, a driver who fails to remain at the scene of the accident faces:
- A fine of $400.00 to $2000.00.
- Additionally, there may be a prison term of up to six months.
- The court has the discretion to suspend the license for up to 2 years.
- There are seven demerit points.
The police might charge a driver even if the consequences of the accident were not very serious. Law enforcement may also charge a driver with ‘fail to remain’ under federal law, the Criminal Code. This offence is punishable by up to five years in prison. However, this is reserved for failing to remain at the scene of an accident that caused serious bodily injury or death.
What a scene of the accident is
Most often, drivers get charged with failing to remain at the accident scene because they do not interpret the meaning of “accident” the same way the law does. Under the law, an “accident” is physical contact between vehicles. This means the law considers any contact, even if it creates only a small, barely visible scratch, as an accident. Our advice is to remain at the scene until you are entirely sure about what happened. Then, you need to resolve the situation with the other driver and/or the police, regardless of the extent of the damage to the vehicles.
In addition, the driver need not be a part of the accident to have the responsibility to remain at the scene. An example is when a driver organizes and participates in a car race and then leaves the scene when another vehicle gets involved in an accident. Under these circumstances, the court may find the driver guilty of failing to remain at the scene of the accident.
How to deal with this ticket
If the police charged you with failing to remain at the scene of an accident, you should definitely dispute the charge. Failing to remain is one of the most serious offences under the Highway Traffic Act. It has a penalty of seven demerit points. If the court convicts you, you will find it difficult to keep or see your insurance. You may even lose your driver’s license.
Once you do dispute the charge, you have two options. The first is to settle it with the prosecution to avoid conviction of failing to remain, but of something else. The second is to proceed with a trial, arguing that you are not guilty of any offence. Whether to go to trial is a critical decision since a trial carries the risk of loss. You would be convicted of failing to remain and receive the associated penalties. We suggest that, especially for serious charges like failure to remain on the scene of an accident, you contact a legal professional before deciding how to proceed.
