Have you received a traffic ticket for failure to remain at the scene of an accident, (also known as ‘failure to remain at the scene’, or simply ‘failing to remain‘)? You should learn as much as you can about the charge and the potential consequences to make the right decision about your next steps.
Your Duties if You Have a Traffic Accident
While some might disagree, driving a vehicle is a privilege and not a right. To keep the privilege, you have certain duties as a driver under the laws of Ontario. One is to remain at the scene if you were in charge of a vehicle involved in the accident. But that’s just the first duty you have under the law that governs charges of failure to remain.
The law is found in the Ontario Highway Traffic Act (HTA), section 200 (1).
Duty of person in charge of a vehicle in case of an accident
200 (1) Where an accident occurs on a highway, every person in charge of a vehicle or streetcar 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.
Unless they understand all the duties they have under HTA section 200, many drivers are surprised to get a failure to remain ticket if they refuse to give their insurance information and/or vehicle permit number.
The Penalties for Failing to Remain
In the eyes of the law, failing to remain charged is very serious. The penalties for conviction reflect that.
- A fine of between $400-$2000
- 7 demerit points
- Possible suspension of your driver’s licence for up to two years
- Possible jail time of up to six months
Also, a failure to remain convicted will stay on your driver’s abstract for three years. Depending on the severity of the case, automobile insurance companies may refuse to insure drivers convicted of a failure to remain charge. Even if are able to find a car insurance company to insure you again, your premiums could be more than double what they were previously.
The consequences of a failure to remain convicted are serious. To minimize them. you should defend yourself as best you can against a conviction. X-Copper’s team of former police officers, top criminal defence lawyers and paralegals are ready to fight in your best interests.
To learn more about other traffic ticket charges that can severely increase your insurance rates if they result in a conviction, check out our post ‘How a Stunt Driving Conviction Affects Your Car Insurance Rates‘.
