Fail to Remain

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. R.S.O. 1990, c. H.8, s. 200 (1); 1997, c. 12, s. 16


(2)  Every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $2,000 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. 2009, c. 5, s. 54.


A charge of Fail To Remain is a serious offence under the Highway Traffic Act and even more serious if the charge has been laid under the Criminal Code of Canada. If you find your self facing a criminal charge or would prefer representation by a Lawyer even for a Highway Traffic Act charge please visit www.

If you want a paralegal to look after your case we will be pleased to assist. Fail to Remain is serious both for demerit points and for insurance purposes. In addition the penalties can be quite severe. We can assist in defending your Fail To Remain charge or speaking to the Prosecutor on your behalf to try to reduce the charge to a lesser offence. We can represent you in court on any fail to remain charge or we can help you if a trial is required and you have evidence to provide to the court.

Fail To Remain is not a charge to be taken lightly and you absolutely do require the assistance of a professional court representative. We have in-house paralegals and a network of former Prosecutors, former Police Officers and professional court Agents to assist you with the defence of your Fail To Remain charge no matter where it has occurred in the Province of Ontario. We will make sure that you get the right representation wherever you are facing court for failing to remain. Please make sure that you call us before going to court on a charge of failing to remain. We can usually attend court on your behalf and will try to reduce the fail to remain charge to a different offence with lower demerit points and insurance ramifications. We know how to assist with Fail To Remain charges and we will do everything possible to assist you.

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