Traffic Court Specialists - Fail to Remain

Fail to Remain

This charge 99% of the time has one enormous issue IDENTITY of the driver. Keep in mind when you start making statements to police their is a strong chance your statement will be used against you in a court of law to prove allegations to any charge to which the police may charge you with. Reason being it can and will be used against you in a court of law should charges be laid as a result of the failure to remain at the scene of the accident. If you find yourself in this type of situation being questioned by police the Traffic Court Specialists recommends that you exercise your right to remain silent. The only indication that you should make to the police is that you would like to exercise your rights along with your right to contact counsel ( lawyer ) regardless other whether you are charged and or in police custody at the time. Exercise your rights because what you say at the time to police will definitely impact you in court. Keep in mind the registered owner of the motor vehicle can also be held responsible for the accident, refer to legislation attached. The Traffic Court Specialists can be contacted 24hrs day 7 days a week.

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Extract from the Highway Traffic Act Section. 200

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.

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. R.S.O. 1990, c. H.8, s. 200 (2).