Ottawa Fail to Remain Lawyers
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Fail to Remain Links
Dave Singh
3 days ago
★★★★★ Nick and his lawyers worked on my impaired driving case. I was worried about getting a criminal record, but they took care of everything.They got my charge dropped to a traffic ticket, not a criminal offence. I’m so happy with the result. Before the trial date, I met with his team to watch surveillance videos of me, solidify my defence, give me some information about the law, and do a dry run of the trial with my friend who was going to testify with me. I felt as comfortable as I could given the situation since he prepared me well. My lawyer seemed to be known and had a good report with the court which I believe was to my advantage. He also prepared two back up technical defences. We won the case.
Susan Miller
7 days ago
★★★★★ My husband was charged with impaired driving and over 80. We felt totally hopeless. It was difficult, but these guys were with us every step of the way, supporting us, explaining next steps, always answering our questions. They always were easy to get in touch with and answer questions. As a result of their work, the impaired driving and over 80 charges were withdrawn. My husband ended up with careless driving ticket, no criminal record. We are very grateful to this amazing team of knowledgeable and skilled criminal lawyers. We would recommend them to anyone who is in trouble and does not know what to do.
Mohammad Nazim
1 week ago
★★★★★ Highly recommend the firm and truly appreciate their hard work, this firm are the best at what they do, they have withdrawn my both charges of Drive over 80 and Impaired Driving. They are a bit pricey but however that’s what it needs for professionals to resolve your matters and they had the courtesy to have me pay it over a period of time so definitely worth it regardless. I recommend them to anyone with any kind of criminal cases specially what I went through as results was awesome. highly recommend 100% no doubt. I’m super happy with their work and results.
Marisol Almarazo
2 weeks ago
★★★★★ I recommend them because they won my case! My criminal charges WITHDRAWN and my record will be erased immediately. I recommend them 100% for any legal problem that you need. The results that they provided were very impressive. Thank you
John Stocco
2 weeks ago
★★★★★ I was charged with Care and Control over 80. From the moment I contacted Mr. Charitsis, I was put as ease. The trial was simply outstanding to watch my lawyer cross examining the officer who charged me. In the end, I was acquitted thanks to the expertise of these lawyers. If you have been charged with a criminal offence then I would highly recommend!
Past results are not necessarily indicative of future results and litigation outcomes will vary according to the facts in individual cases.
Fail to Remain Accidents | Information & Defence
Fail to Remain Accidents: Important Information, Penalties, and Police Investigations
If you’ve been accused of a fail to remain accident, it’s important to understand what this means and what you should do next.
This article will provide you with important information about fail to remain charges in the Ottawa area, including:
- Legal advice & statements to the police,
- Penalties & information about fail to remain charges, and
- Defence strategies & legal applications
Important Information about Fail to Remain Accidents
In a hit and run investigation, the police must prove two main things:
- the vehicle involved, and
- the identity of the driver
The police need to know the who, what, when, where, and how the accident happened. As the driver supposedly fled the scene, how do the police prove who did it?
Answer: By statements made to police.
Making Statements to the Police
In any fail to remain or hit and run accident, once the vehicle has been located the investigating officer will want to speak to the owner of the vehicle.
The investigating officer will invite the owner to tell them what happened, believing they are the number one suspect to the crime.
The police may use the ploy that they are “just trying to figure out what happened and to help the driver”.
Use caution when speaking to the police, as statements can be used against you in court.
Despite being cautioned not to do so, many people are intimidated by the police and incriminate themselves. It is important to exercise caution and seek legal advice before making any statements to the police.
Where the driver makes a statement to the police, without the advice of their lawyer, the statement will be used to against you to prove who the driver was..
*** Do not give statements to the police without legal advice first ***
It is important to exercise caution and seek legal advice before making any statements to the police.
Types of Fail to Remain Offences
In Ontario, there are two types of laws for fail to remain accidents:
- Fail to remain – governed by the Highway Traffic Act of Ontario (HTA) section 200.1 (an Ontario provincial law)
- Fail to stop – governed by the Criminal Code of Canada (CCC) section 320.17 (an Canadian federal Law)
The major difference is that Fail to Remain under the Highway Traffic Act does not have a criminal record. Charges under the Criminal Code of Canada are criminal and have a criminal record and include much more severe penalties.
Depending on the circumstances, the officer can charge the driver under either act in a fail to remain accident.
Fail to Remain Penalties
Fail to Stop at an Accident – Criminal Code – Penalties
If a driver is convicted of failing to stop at an accident under the Criminal Code of Canada, they may face the following penalties:
- Fines
- Criminal record for life
- Imprisonment for a maximum of five years
- Driver’s license suspension for one to ten years
- Significantly increased insurance premiums
- Any other penalty the judge may impose under a summary conviction
Fail to Remain – Highway Traffic Act – Penalties
Under the Highway Traffic Act, the penalty for failing to remain at an accident includes:
- Fine up to $2500
- Six demerit points
- Mandatory license suspension for novice drivers
- Six-month license suspension for G drivers
- Possible six months in jail for serious offences
- Dramatic insurance increases for three years or more
Although the implications of a conviction for fail to remain can be as serious under the Highway Traffic Act as under the Criminal Code of Canada, a driver will not receive a criminal record if convicted under the Highway Traffic Act.
Fail to Stop vs Fail to Remain
Understanding the Difference Between Fail to Stop and Fail to Remain
In Ontario, there are two types of laws for hit and run accidents:
- Fail to Stop: Criminal Code of Canada section 320.17
- Fail to Remain: Highway Traffic Act of Ontario section 200.1
Each charge has different rules and implications, and depending on the circumstances of the accident, an officer may charge the driver under either act.
Failing to stop at the scene of an accident in the Criminal Code of Canada means leaving the scene without stopping and checking for injuries or providing information.
Failing to remain under the Highway Traffic Act, not stopping, not providing information to anyone who suffered a loss, and not reporting the accident to the police when required by law.
Defending Fail to Remain Charges
Not every charge before the court ends up going to trial. Before any trial, we schedule and attend a “pretrial” meeting with the crown attorney to assess the case and discuss the following:
- what the trial issues may be
- evidentiary issues & witnesses
- the grounds supporting the charge
- possibility of reducing the charge to a traffic ticket
- whether the case will proceed to trial
Frequently, we can resolve criminal charges and avoid criminal license suspensions or criminal records by reducing the charges to traffic tickets.
Fail to Remain – Identity Evidence
In any trial or police investigation for failing to remain or failing to stop at an accident, the identity of the driver is a critical piece of evidence.
To determine the driver’s identity, the police need to:
- Learn the who, what, when, where and how of the accident, and
- determine who was driving at the time of the accident
If a driver has left the scene of the accident, the vehicle may be known, but many times not the driver. In such cases, the police typically investigate the vehicle’s owner as the first suspect.
To prove the driver’s identity, a statement from the owner or driver is necessary.
Although possible, fingerprinting of vehicles is usually only done where a serious accident has occurred, leaving the vehicle behind and the occupant(s) have feld.
It is important to note that any statements made to the police by the driver or vehicle owner can be used against them in court to prove the identity evidence. Therefore, it is crucial to seek legal advice before providing any statements to the police.
Cost to Protect Your Future
Being charged with a criminal offence is a serious matter and can have life-changing implications. We firmly believe that this is not a time in your life look for cheap or “affordable lawyers”.
This one event in your life can have long term implications on your drivers licence, livelihood and family. When charged with any criminal offence, you need the very best legal representation to protect yourself and your future.
As your defence lawyer, we don’t nickel and dime our clients. We charge a fee which represents the high caliber of legal representation that we provide.
Our goal is to win your case, and we will do everything in our power to provide the best possible defence. We will appear and arrange all court dates, disclosure requests, discussions with the Crown Attorney, and prepare all documents and motions for your case.
Prior to any trial, we will meet with the Crown Attorney to review and argue the merits of a withdrawal and to canvass any reduced charges. We will keep you informed and updated on your case and provide advice on what you can do to help your case, such as writing out your version of events, obtaining documentary evidence or witnesses, and arranging for counseling if necessary.
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