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Fail to Remain

Have you been charged for Failing to Remain at the scene of an accident in Ontario?

Failure to Remain at the Scene

Every driver on the road in Ontario has a duty to remain at the scene when an accident occurs. The requirement to remain at the scene stems from the notion that insurance policies should be exchanged by the parties as well as to ensure that there were no injuries sustained due to the accident. Furthermore, depending on the seriousness of the accident, the police are called in which they need to speak to everyone involved in the accident so that they are able to create a report as to what happened. If one of the parties involved does not remain, this makes it difficult for the police to obtain a clear recollection of the events that occurred prior to the accident.

Drivers who have been involved in a accident are required to:

  • Remain at the scene.
  • Offer as much assistance as possible to other parties involved as well as to police officers who may be present.
  • Give driver license, insurance policy and any other required information to police or to the party involved in the accident.
  • If there is more than $1000 damage, the accident must be reported to police immediately.

The penalty for failing to remain at the scene of an accident is:

  • 7 demerit points.
  • Possible license suspension for up to 2 years.
  • Imprisonment for no more than 6 months.
  • And a fine between $400 and $2000.

Our office defends these charges on a continuous basis. No charge is too difficult for our Lawyers and Paralegals to defend. If you are facing a charge for failure to remain or failure to report an accident, we strongly suggest phoning our office today. Our employees have the skill set to assist you in everything possible to either have these charges withdrawn or to reduce these charges to a minor offence which will have a lower impact on your drivers license as well as insurance. We strongly advise that no one should ever plead guilty to these type of offences. There is usually something that can be done to avoid the penalties associated with these charges.

Fail to Report Accident

Accidents that occur with less than $1000 combined damage or personal injury do not generally need to reported. This is very difficult to estimate at the time of an accident. Accidents that occur with over $1000 combine damage, personal injury, or property damage must be reported to police in reasonable time frame. It is always a good idea to report an accident on the day of, or just after, to the accident reporting centre located within most police stations. If you are ever in an accident, we strongly advise you to report it to police to avoid the chance of being charged with failing to report an accident. These are serious charges and no one will want a conviction of such a charge on their record. For one, as a driver, your insurance will increase drastically due to the fact that you were involved in an accident as well as the fact that you did not report it. We are the legal team for you.


An accident needs to be reported when:

  • A party involved in the accident is injured.
  • The damage between both vehicles exceeds $1000 combined.
  • Or, if there is damage to property on the roadways such as signs, poles, traffic lights, etc.


Penalties associated with the charge of failing to report an accident:

  • A fine up to $1,000.
  • 3 demerit points.

This charge will dramatically increase ones insurance as now the insurance company will be hesitant on your driving abilities as well as your honesty in reporting an accident.

Criminal charges

We defend all Criminal Driving charges. See how we can help below.

Impaired by Drug or Alcohol (DUI, DWI)

Operating any motorized vehicle, including cars, trucks, motorcycles, boats, airplanes, trains, jet skis and snowmobiles.

Over 80

Operating a motor vehicle with a blood alcohol concentration (BAC) exceeding the legal limit of 80 milligrams of alcohol per 100 millilitres.

Refuse Breath Sample

If you’ve been charged for refusing a breath sample, referred to as “refuse to blow”, we’ll do everything possible to assist you.

Drive Disqualified

Where there has been a licence suspension imposed by a conviction to a Criminal offence.

Fail to remain

Every driver on the road in Ontario has a duty to remain at the scene when an accident occurs.

Dangerous Driving

The Criminal Code of Canada makes it illegal to operate a motor vehicle in a manner that is dangerous to the public.


Appeals for Criminal Driving convictions or certain convictions under The Highway Traffic Act.

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We have extensive experience with Impaired Driving charges.
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