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What is Fail to Remain?

Fail to Remain - What is it?


Fail To Remain falls under Highway Traffic Act (HTA) Section 200

HTA Section 200 states that where an accident occurs on a highway, every person in charge of a vehicle or street car that is directly or indirectly involved in the accident shall:

(a) remain at or immediately return to the scene of the accident;

(b) render all possible assistance; and

(c) upon request, give in writing to anyone sustaining loss or injury or to any police officer or to any witness his or her name, address, driver’s license number and jurisdiction of issuance, motor vehicle liability insurance policy insurer and policy number, name and address of the registered owner of the vehicle and the vehicle permit number.  R.S.O. 1990, c. H.8, s. 200 (1); 1997, c. 12, s. 16.

In addition, drivers charged with Fail to Reman often get charged with Careless Driving too!

Charged with Fail to Remain?
Speak to a member of one of our Lawyer/Paralegal Teams 24/7

If You Fail To Remain at the scene of an accident and are caught, the Police Will Contact You.
If you fail to remain at the scene of an accident and someone calls the licence plate number on your car in to the Police, an experienced Fail to Remain detective who will contact you with a demand the you come  to the Police Station for an interview. 
The minute the police contact you, you should seek legal advice immediately.

Meeting with the Police
While it is always advisable to be polite and to cooperate with the Police, a key thing to remember is that the Police are allowed to lie to you, but you are not allowed to lie to the Police.


Interview with Police Under Caution

The interview will likely begin with the Detective cautioning you that anything you say could be used against you  in court.  This means that the evidence the Police have obtained so far suggests that you may have committed an offence. The interview will give you the opportunity to provide an explanation of the events that have happened. However, if during the interview something you inadvertently say indicates you have committed an offence, you may be charged with Fail to Remain, so do not give statements to the police without having legal advice first.

Why do drivers leave the site of an accident?* 

They have urgent family matters to attend to
They have no insurance
They do not wish to involve their insurance company for fear their rates will increase
They have drunk to much alcohol and are afraid they'll get charged with a DUI 
They do not have a valid Driver's Licence 
They are driving while their Driver's License is suspended
They truly did not realize they had hit another vehicle


*The law requires that drivers must report an accident No reason for not reporting is acceptable.

Charged with Fail to Remain? 
If you’re charged with Fail to Remain, you best course of action is to call and speak to a member of our Lawyer/Paralegal team to discuss how we can fight to preserve your right to drive.  The consequences of not fighting can be severe.  

Charged With Fail to Remain?

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