Fail to Remain is an extremely serious offence in Ontario. Under the Highway Traffic Act, it carries 7 demerit points, fines up to $2,000 CAD, and potential jail time. Most drivers immediately retain a local law firm or paralegal, which typically costs between $2,000 and $5,000 CAD, to build a strong defence against these severe penalties.
Getting into a car accident is terrifying, and in a moment of sheer panic, some drivers make the poor decision to leave the scene. Whether you hit a parked car in a lot at White Oaks Mall or were involved in a collision at a busy intersection, fleeing without exchanging information is a severe violation of the law. 🚗 The London Police Service investigates these hit-and-run incidents aggressively, often utilizing intersection cameras and witness statements to track down the vehicle’s owner.
Depending on the severity of the accident, you could be charged provincially under the Ontario Highway Traffic Act (Fail to Remain) or criminally under the federal Criminal Code of Canada (Failure to Stop After Accident). Generally, a criminal conviction will result in a permanent criminal record, while a provincial offence will severely damage your driving record and lead to massive insurance hikes. Knowing your legal rights is paramount.
Step-by-Step Process in London
If the police trace the license plate back to your home, the legal process will begin quickly. Navigating a Fail to Remain charge requires extreme caution to avoid accidentally incriminating yourself. 📍 Here is how a legal defence is typically structured.
Step 1: Exercising Your Right to Silence
If an officer from the London Police Service calls you or shows up at your door asking who was driving your vehicle during the time of the accident, you are not obligated to confess. You have the constitutional right to remain silent. It is highly recommended that you politely decline to answer any questions and immediately contact a criminal defence lawyer or licensed paralegal.
Step 2: Hiring Professional Legal Representation
This is not a simple speeding ticket that you should attempt to fight yourself. 💼 A legal professional will act as a shield between you and the police. They will take over all communication, ensuring you do not make statements that the Crown Attorney can later use against you in court.
Step 3: Obtaining the Disclosure Package
Your lawyer will file a request for disclosure. In a Fail to Remain case, the evidence package is often extensive. It will include 911 audio recordings, statements from the other driver, police collision reconstruction reports, and any CCTV footage showing the accident. Your legal team will scrutinize this evidence to see if the police can actually prove who was behind the wheel.
Step 4: Court Appearances and Resolution
If charged under the Highway Traffic Act, your case will be heard at the London Provincial Offences Court at 824 Dundas Street. ✍ If it is a criminal charge, it will go to the main courthouse at 80 Dundas Street. Your lawyer will attend pre-trial meetings to negotiate dropping or reducing the charge (e.g., to “Fail to Report”), or they will proceed to a full trial to fight the evidence.
How Much Does it Cost in London?
A Fail to Remain charge is one of the most expensive traffic offences to resolve due to the high stakes involved. As of April 2026, here is an outline of the typical financial impact:
- Court Fines: A provincial conviction carries a fine ranging from $400 to $2,000 CAD, plus a victim fine surcharge.
- Legal Representation: Hiring an experienced paralegal for a provincial charge typically costs between $2,000 and $3,500 CAD. If you are facing criminal charges, retaining a law firm usually starts around $3,500 and can exceed $7,000 CAD.
- Insurance Consequences: This conviction is considered a major infraction. Your insurance provider will likely classify you as high-risk, potentially increasing your premiums by $4,000 to $8,000 CAD annually, or cancelling your policy entirely.
| Potential Expense | Estimated Cost (CAD) | Details |
|---|---|---|
| Paralegal Fee (Provincial) | $2,000 – $3,500 | Flat fee for handling Highway Traffic Act offences. |
| Lawyer Fee (Criminal) | $3,500 – $7,000+ | Required if charged under the Criminal Code. |
| Provincial Court Fines | $400 – $2,000 | Maximum fine allowed under the Highway Traffic Act. |
How Long Does the Process Take?
Because these cases are complex and require significant evidence gathering, they take quite a long time to resolve. ⏳ From the date the charge is laid, you can generally expect the process to take anywhere from 8 to 16 months before reaching a final trial date in London.
Frequently Asked Questions (FAQ)
Can the police prove I was driving if they only have my license plate?
The Crown must prove beyond a reasonable doubt who was actually operating the vehicle at the time of the collision. If there is no video showing the driver’s face and no witnesses who can positively identify you, your lawyer may successfully argue that the Crown cannot prove identity.
Will my driver’s licence be suspended?
Yes, it is highly likely. Under the Highway Traffic Act, a Justice of the Peace can suspend your driver’s licence for up to two years. A criminal conviction carries an automatic and much longer Canada-wide driving prohibition.
What if I hit an unattended parked car and left?
You are still legally required to remain at the scene or leave written notice containing your name, address, and insurance information on the damaged vehicle. Failing to do so can still result in a Fail to Remain charge.
Is Fail to Remain considered a criminal offence?
It depends on how the police lay the charge. Fail to Remain under the Highway Traffic Act is a provincial offence (no criminal record). However, Failure to Stop under the Criminal Code of Canada is a federal crime that results in a permanent criminal record.
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