Failing to Remain Charge
in Toronto? Criminal or
HTA — Both Are Serious.
Failing to remain at the scene of an accident can be charged under HTA s.200 or the Criminal Code — and both carry life-altering consequences including jail, driving prohibitions, and a criminal record. Legal Solutions Law Firm defends these charges across the Greater Toronto Area.
Failing to Remain — HTA s.200 & Criminal Code s.320.16
This Charge Can Follow You For the Rest of Your Life.
Failing to remain at the scene of an accident is among the most serious driving-related offences in Toronto. The distinction between an HTA charge and a Criminal Code charge is critical — a Criminal Code conviction results in a permanent criminal record that appears on background checks, affects employment, and can restrict international travel.
The mandatory obligations under HTA s.200 require a driver to remain at the scene, provide their information, and render reasonable assistance to anyone injured. These are obligations most drivers know in principle but may fail to fulfill in the confusion and stress following an accident. Understanding the law and the available defences is essential before making any decisions about how to respond to the charge.
Call or text 416-274-2222 for a free consultation today.
We obtain all police reports, witness statements, accident reconstruction evidence, and any video footage to assess the strength of the Crown's case and identify all available defences.
We explain exactly what you are facing and develop a defence strategy tailored to whether the charge is provincial, criminal, or both — with fundamentally different implications for each.
We challenge identification evidence and explore whether the driver was genuinely aware an accident occurred — both critical elements of a failing to remain defence.
Know your costs upfront. Given the severity of consequences — particularly criminal record and driving prohibition — professional representation is essential and non-negotiable.
Real-World Scenarios
Common Failing-to-Remain Scenarios
These charges arise in a range of circumstances, not all involving a deliberate decision to flee. These are common scenarios we defend.
Minor Parking Lot Contact
A driver believes they made no contact, or contact so minor it wasn't noticed, and later faces a charge after the other party reports it.
Panic After a Collision
A driver who stopped briefly but left before exchanging information, out of fear or shock rather than intent to evade responsibility.
Identity in Dispute
The registered owner of a vehicle involved in a hit-and-run is charged, but was not necessarily the person driving at the time.
Escalated to a Criminal Charge
An accident involving injury leads police to pursue the more serious Criminal Code charge instead of, or in addition to, the HTA offence.
What We Handle
Failing to Remain Scenarios We Defend
From minor property damage incidents to serious injury accidents — we defend all failing to remain charges under the HTA and the Criminal Code across Toronto.
How It Works
Our Step-by-Step Approach
Call us immediately after being charged. Failing to remain can be charged under HTA s.200 or the Criminal Code — the applicable charge determines the court, the procedure, and the potential consequences. We assess your situation at no cost.
We explain whether you face a provincial offence (HTA), a criminal charge (Criminal Code), or both. Criminal charges have far more severe consequences — including a criminal record and driving prohibition — and require a different defence strategy.
We obtain all disclosure — police reports, witness statements, accident reconstruction evidence, video footage, and any other material the Crown intends to rely on. In failing to remain cases, the evidence gathered at the scene is critical.
Many failing to remain cases turn on identity — was the person who left the scene actually the accused? We also assess the circumstances of any detention and interrogation for Charter compliance, and whether the driver was even aware an accident occurred.
Where appropriate, we attend early resolution to negotiate with the Crown. In cases where a conviction is difficult to avoid, minimizing the consequences — avoiding jail and a criminal record — is the primary objective.
We take failing to remain cases to trial when the evidence can be successfully challenged. Cross-examination of witnesses, challenges to identification evidence, and Charter applications are all tools we deploy.
Charged With Failing to Remain? A Criminal Record Is Not Inevitable — Call Now.
Legal Solutions Law Firm offers a free consultation to assess your failing to remain charge under the HTA or the Criminal Code. Act before your court deadline.
Common Questions
Frequently Asked Questions
Serving Drivers Across Toronto and the GTA
Why Failing to Remain Is One of the Most Legally Complex Driving Charges in Ontario
Unlike most traffic violations, a failing to remain charge can be prosecuted as either a provincial offence or a criminal offence — and in some cases, both simultaneously. The decision about which charge to lay, and under which statute, depends on the severity of the accident, the available evidence, and the Crown's assessment of the appropriate response.
For accidents involving bodily harm or death, Criminal Code s.320.16 is frequently the applicable provision. A conviction under that section carries mandatory minimum driving prohibitions, potential imprisonment measured in years rather than months, and a criminal record that follows the accused permanently. This is categorically different from an HTA s.200 conviction, which, while serious, does not result in a criminal record.
Defences Available in Failing to Remain Cases
The most important defences in failing to remain cases relate to awareness and identity. Both the HTA and the Criminal Code require that the driver knew, or was aware, that an accident had occurred. Where the collision was minor, occurred at low speed, or happened in a way that the driver genuinely did not notice, this is a live issue. Similarly, where the Crown's case rests on eyewitness identification or a licence plate number without direct evidence tying the accused to the vehicle, identity is contested.
Early legal advice is critical in these cases. Anything said by the driver to police — at the scene, at the station, or in a phone call — can be used as evidence. The right to counsel must be exercised immediately. Call 416-274-2222 now — the consultation is free.
Free Resources
Tools & Guides
Wondering how this charge affects your insurance, or what happens if your licence is at risk? These free tools and guides can help:
Speak With a Lawyer About Your Failing to Remain Charge
Charged under HTA s.200 or Criminal Code s.320.16? Call Legal Solutions Law Firm immediately. Free consultation — we'll assess your charge and all available defences.