Fail to Remain at the Scene of an Accident (Ontario – Highway Traffic Act Section 200)
What Is a “Fail to Remain” Offence?
Under Section 200(1)(a) of the Ontario Highway Traffic Act, drivers involved in an accident must remain at or return immediately to the scene to provide assistance and exchange information. Failing to do so is considered a serious offence and is commonly referred to as a hit and run.
Legal Obligations
When involved in an accident, you are required to:
Stop immediately at the scene.
Provide your name, address, and insurance details to others involved or to a police officer.
Assist anyone who is injured to the best of your ability.
Report the accident to the police if there is property damage exceeding $1,000 or if anyone is injured.
Failure to comply with these obligations can result in a “Fail to Remain” charge.
Penalties for a Conviction
A conviction for failing to remain at the scene of an accident can lead to:
Fines ranging from $400 to $2,000.
Seven demerit points added to your driving record.
Driver’s licence suspension for up to two years.
Imprisonment for up to six months.
Increased insurance premiums or difficulty obtaining insurance.
Criminal charges if the incident involves injury or death.
Defending a “Fail to Remain” Charge
There are several potential defenses against a “Fail to Remain” charge:
Lack of Knowledge: If you were unaware that an accident occurred.
Honest Belief: If you honestly believed you had fulfilled your obligations.
Unintentional Departure: If you left the scene unintentionally and returned promptly.
Mistaken Identity: If you were not the driver involved in the accident.
Each case is unique, and the applicability of these defenses depends on the specific circumstances.
Our Process—How We Can Help
Free, Confidential Consultation: We begin with a thorough review of your case—fully private and no obligation.
Detailed Case & Evidence Review: We examine documentation, inspection records, officer notes, and violation history to identify strong points for defense.
Targeted Defense Strategy: We build tailored tactics—such as challenging calibration, documentation sufficiency, or procedural errors—to reduce CVOR points or prevent a conviction.
Court Representation or Negotiation: Our experienced team advocates for you in court or mediation to seek resolution without personal burden.
Post-Case Support: We guide you through CVOR management—monitoring points, preparing for audits, or approaching MTO proactively if needed.
Why Choose Us?
Specialized Expertise in CVOR defence and commercial vehicle compliance.
Proven Results in lowering fines, CVOR points, and outcomes.
Carrier-Centric Approach, protecting both drivers and businesses.