Fail to Remain, Fail to Report, Hit and Run Accident Legal Defence

By: OTT Legal Services - OTT Legal Lawyers  12-11-2009
Keywords: Services, Tickets, motor vehicle

Call OTT Legal at 1-888-668-8946 for a free consultation and expert advice
on any fail to remain offence


Traffic Accidents involving drivers who fail to stop at the scene of the accident, or "Hit and Run" accidents fall into two difference categories under Canadian Law.

Depending upon the situation, the police officer can charge the driver either under the Criminal Code of Canada for the offence of "Fail to Stop at the Scene of the Accident", or under the Highway Traffic Act of Ontario for "Fail to Remain at the scene of the accident".

If found guilty of Fail to Remain or Fail to Stop under the Criminal Code of Canada this will result in a criminal record, and the appropriate penalties . The Highway Traffic Act is a Provincial Statue, with no criminal record involved (traffic ticket).

Should a driver be charged with either offence charged persons should call OTT Legal at 416-221-6888 or 1-888-668-8946 to discuss your case with one of our licensed paralegals and former police officers.

OTT Legal has on its staff former police detectives from the Toronto Police Services Hit and Run Squad, providing the very best in legal representation and defense to these types of charges. Should your charge involve a criminal offence can refer your criminal charge to a criminal lawyer who will defend you in court. OTT Legal will assist the lawyer to prepare and assist the lawyer where necessary giving you the best possible defense.

No other law firm in Ontario has the level of expertise provided by OTT Legal

Fail to Remain - Highway Traffic Act section 200,1
Drivers who are involved in a motor vehicle accident in Ontario are required by law to do three things;
  1. Remain at or immediately return to the scene of the accident
  2. Render all possible assistance, and
  3. 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 licence, insurance and name and address of the registered owner of the vehicle.
  4. If there is more than one thousand dollars damage, personal injury, or damage to highway property the accident must be reported to the police forthwith

Penalty
Every person or driver who is convicted of fail to remain is liable to a fine of not less than two hundred dollars, and not more than one thousand dollars, or to imprisonment for a term of not more than six months in jail, or to both. In addition the court may suspend the driver's licence for a period of up to two years.

The charge of Fail to Remain at the scene of an accident has seven (7) demerit points, and a conviction for this offence would dramatically affect insurance rates by thousands of dollars per year.

Contact OTT Legal to discuss your case with an expert at no charge, or email us at freeconsultation@ottlegal.com.

Synopsis
When involved in a traffic accident, the driver must stop his vehicle and speak to the other driver or any other person who is involved in the accident. The driver must attempt to help any person who is involved in the accident and where someone has been injured the driver must attempt to contact medical aid and give assistance where possible.

If you are involved in an accident your must give your name and address and insurance information to the other driver. If the driver does not provide this information they may be charged with the offence of "fail to provide information" under the fail to remain section of the Highway Traffic Act.

Where there is apparently more than one thousand dollars damage, personal injury or damage to highway property the driver must report the accident to the police forthwith.

A charge of fail to remain is a serious traffic ticket that can dramatically affect your driver's licence, your liberty and your right to drive and ability to earn and income. If convicted with the charge of fail to remain this charge will dramatically affect insurance rates.

Accused persons, if charged with failing to remain or any similar offence, should contact OTT Legal for legal advice.

Call OTT Legal at 1-888-668-8946 for a free no obligation consultation, to find out all of the facts about your fail to remain charge, and how OTT Legal can assist you. You visit any of offices without an appointment.

Fail to Report Accident - Highway Traffic Act - section 199,1
As well as stopping after an accident, where the damage in the accident is apparently more than one thousand ($1000) dollars, or where there is any personal injury, or damage to highway property, the driver or person in charge of the motor vehicle must report the accident to the police forthwith.

Forthwith means, within a reasonable time having regard to all the circumstances of the case, "as soon as practicable", meaning you must report the accident right away, as soon as you possibly can.

The penalty for Failing to Report an Accident is a fine of one hundred and ten dollars ($110.00) and three (3) demerit points. A conviction for this offence can dramatically affect insurance rates by thousands of dollars per year.

Contact OTT Legal at one of ourto discuss your case with an expert at no charge, or.


Failure to Stop at Scene of Accident - Criminal Code of Canada section 252
Although the police may lay a charge under the Highway Traffic Act of Ontario. How ever when accident does not occur on the highway, or where the incident is more in nature the police officer may lay a charge under the Criminal Code of Canada.

The Criminal Code of Canada states;
    Every person commits and offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with another person, vehicle, vessel, or aircraft, and with the intent to escape criminal civil liability, fails to stop the vehicle and give his or her name and address and, where any person has been injured or appears to require assistance, does not offer assistance.

The penalty for fail to stop at the scene of an accident under the criminal code where the accused is found guilty of an indictable offence and is liable to imprisonment for a tern not exceeding five years in jail, or is guilty of an offence punishable on summary conviction (fines and/or jail).

If found guilty of fail to remain under the Criminal Code of Canada, the Provincial Court Judge may suspend the drivers licence of the accused may be suspended for a period of three years or more. A conviction for fail to stop at the scene of the accident will dramatically affect the insurance rates by thousands of dollars per year.

OTT Legal with its licensed paralegals, former Police Detectives and experienced criminal lawyers has one of the highest success rates in Ontario for fail to remain and fail to stop offences. OTT Legal has the experience and knowledge to best defend you in court and to win your case.

As well, the lawyers of OTT Legal Services are some of the most experienced and qualified lawyers in Ontario in regards to driving charges like fail to remain and failing to stop. Our lawyers are specialists in their field. They do not practise other types of law like family law, real estate or immigration cases.

With the background and experience of OTT Legal Services, we are the legal firm to help you with your criminal case.  Call us now for a free consultation.

Call OTT Legal Services for a free no obligation consultation at 1-888-668-8946.

Appropriate Sections for Fail to Remain Charges

Ontario Highway Traffic Act
200. (1) 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 licence 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.

Penalty
(2) Every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000 or to imprisonment for a term of not more than six months, or to both, and in addition the person’s licence or permit may be suspended for a period of not more than two years.

Duty to report accident
199. (1) Every person in charge of a motor vehicle or street car who is directly or indirectly involved in an accident shall, if the accident results in personal injuries or in damage to property apparently exceeding an amount prescribed by regulation, report the accident forthwith to the nearest police officer and furnish him or her with the information concerning the accident as may be required by the officer under subsection

Officer may direct person to report accident at another location
(1.1) If, on reporting the accident to the nearest police officer under subsection (1), the person is directed by the officer to report the accident at a specified location, the person shall not furnish the officer described in subsection (1) with the information concerning the accident but shall forthwith attend at the specified location and report the accident there to a police officer and furnish him or her with the information concerning the accident as may be required by the officer under subsection (3).

Where person unable to report
(2) Where the person is physically incapable of making a report and there is another occupant of the motor vehicle, the occupant shall make the report.

Failure to stop at scene of accident - Criminal Code of Canada section 252
252. (1) Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with

(a) another person,

(b) a vehicle, vessel or aircraft, or

(c) in the case of a vehicle, cattle in the charge of another person,

and with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance.

Punishment
(1.1) Every person who commits an offence under subsection (1) in a case not referred to in subsection (1.2) or (1.3) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or is guilty of an offence punishable on summary conviction.

Offence involving bodily harm
(1.2) Every person who commits an offence under subsection (1) knowing that bodily harm has been caused to another person involved in the accident is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Offence involving bodily harm or death
(1.3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life if

(a) the person knows that another person involved in the accident is dead; or

(b) the person knows that bodily harm has been caused to another person involved in the accident and is reckless as to whether the death of the other person results from that bodily harm, and the death of that other person so results.

Evidence
(2) In proceedings under subsection (1), evidence that an accused failed to stop his vehicle, vessel or, where possible, his aircraft, as the case may be, offer assistance where any person has been injured or appears to require assistance and give his name and address is, in the absence of evidence to the contrary, proof of an intent to escape civil or criminal liability.

Keywords: Criminal Law, criminal lawyers, motor vehicle, ott legal, Services, Tickets, Toronto traffic tickets, Traffic, Traffic Ticket, Traffic Ticket Paralegal, Traffic Ticket Toronto,

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