Under Section 200 of the Highway Traffic Act, failing to remain at the scene of an accident in Ontario can lead to a $2,000 CAD fine, 7 demerit points, a licence suspension of up to 2 years, and possible jail time up to 6 months.
Getting into a car accident in Markham is frightening, but leaving the scene makes the situation infinitely worse. A “Fail to Remain” ticket is one of the most serious provincial offences you can face in Ontario.
It is crucial to understand the difference between a Highway Traffic Act (HTA) charge and a Criminal Code of Canada charge. ⚠️ While an HTA charge is severe, a criminal Hit and Run charge can result in a permanent criminal record. This guide focuses on the provincial HTA ticket.
Step-by-Step Process in Ontario
If you have been charged or contacted by the York Regional Police regarding a fail to remain incident in Markham, you must handle the situation with extreme caution. Any statements you make to the police can be used as evidence against you in court.
Step 1: Exercise Your Right to Remain Silent
If police arrive at your home in Markham to investigate an accident, you are required to identify yourself and provide your driver’s licence and insurance. 🤰 However, you have the right to remain silent regarding the details of the incident until you speak with a legal professional.
Step 2: Retain a Traffic Lawyer or Law Firm
Because jail time and severe licence suspensions are on the table, it is highly recommended to hire an experienced traffic lawyer. Legal counsel will act as a buffer between you and the local prosecutors at the Ontario Court of Justice.
Step 3: Review the Evidence (Disclosure)
Your lawyer will request disclosure from the Crown prosecutor. 🔍 This evidence might include witness statements, intersection camera footage from Markham roads, and the police collision report. The defence will look for inconsistencies in identifying the driver.
Step 4: Court Appearances and Resolution
Your legal team will attend the Newmarket courthouse on your behalf. Often, lawyers can negotiate with the prosecutor to reduce the charge to a less severe offence, such as Failing to Report an accident, which carries fewer demerit points and no risk of jail.
How Much Does it Cost in Markham?
The penalties for a Fail to Remain conviction are financially devastating. 💸 You will face a combination of court fines, government fees, and massive insurance increases.
| Expense Type | Estimated Amount (CAD) |
|---|---|
| Court Fines | $400 to $2,000 CAD |
| Victim Fine Surcharge | 25% of the total fine |
| Demerit Points | 7 Points (may trigger an interview with MTO) |
| Legal Representation | $1,500 to $4,000+ depending on case complexity |
A conviction will almost certainly lead to your insurance company dropping your coverage or placing you in the high-risk category. High-risk auto insurance in Ontario can cost upwards of $6,000 to $10,000 CAD per year.
How Long Does the Process Take?
Defending against a serious charge like Failing to Remain is a lengthy process. ⌛ From the moment you are charged by York Regional Police to the final trial date, it can take anywhere from 8 to 16 months. Complex cases involving multiple witnesses or accident reconstruction experts may take even longer.
Frequently Asked Questions (FAQ)
Do I have to report an accident if there is no visible damage?
In Ontario, you must report an accident to the police if the total combined damage to both vehicles exceeds $2,000 CAD, or if anyone is injured, regardless of how minor the damage appears.
Can the police prove I was driving?
Identity is often the main defence in these cases. The prosecutor must prove beyond a reasonable doubt that you were the person behind the wheel at the time of the collision, not just the registered owner of the vehicle.
Will I go to jail for my first offence?
While the law allows for up to 6 months in jail, it is relatively rare for first-time offenders to face imprisonment for an HTA charge, especially if no one was seriously injured.
What is the difference between an HTA charge and a Criminal Code charge?
An HTA Fail to Remain ticket results in provincial penalties and demerit points. A Criminal Code Hit and Run charge is a federal offence that results in a permanent criminal record.
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