Fail to Stop
Facing a Fail to Stop Charge in Brampton? Here’s What You Need to Know
If you have been charged with Fail to Stop or Fail to Remain after an accident in Ontario, you are likely feeling overwhelmed and unsure of what to do next. As a criminal defence lawyer in Brampton with more than a decade of experience defending driving-related offences, I know how seriously police and the courts treat these allegations. A conviction can lead to severe penalties, higher insurance rates, and long-term consequences. I am here to protect your rights from the very beginning.
Call me at (437) 998-1429 for immediate legal advice.
What Does “Fail to Stop” Mean in Ontario?
Under Ontario’s Highway Traffic Act and, in more serious cases, the Criminal Code, every driver involved in a collision has a legal duty to stop, remain at the scene, provide identification, and assist where necessary. Leaving the scene—even unintentionally or out of panic—can lead to Fail to Stop or Fail to Remain charges.
These cases often arise from:
- Minor collisions in parking lots
- Low-speed impacts where the driver may not feel or notice contact
- Misunderstandings about whether an accident actually occurred
- Fear or confusion causes someone to leave the scene prematurely
When a Traffic Offence Becomes a Criminal Charge
Fail to Stop charges become criminal when the Crown alleges you:
- Intentionally fled the scene
- Knew or ought to have known an accident occurred
- Failed to provide assistance where required
- Left behind property damage, injury, or the risk of injury
A criminal Fail to Stop (Hit-and-Run) charge is far more serious than a simple traffic ticket and requires a strong legal defence.
Penalties and Legal Consequences
Penalties Under the Highway Traffic Act
If the charge is laid under the HTA, you may face:
- Substantial fines
- Up to 7 demerit points
- Licence suspension
- Possible jail in more serious circumstances
- Significant insurance consequences
Even a simple Fail to Remain ticket can trigger insurance increases for up to six years.
Criminal Code: Failure to Stop After an Accident
When the charge is criminal, the penalties can include:
- A criminal record
- Jail time
- Probation
- Driving prohibitions
- Permanent impact on employment and travel
These charges are prosecuted aggressively, and the Crown must prove that you knowingly failed to remain at the scene. My role is to challenge every aspect of their case.
Long-Term Consequences You Must Be Aware Of
Fail to Stop convictions often lead to:
- Dramatic spikes in insurance premiums
- Denial of insurance coverage
- Employment screening issues
- Professional licensing concerns
- Border crossing complications
Avoiding a conviction is essential.
How I Defend Against Fail to Stop Charges
Assessing the Circumstances
Every case begins with a careful review of:
- Police reports
- Witness statements
- Surveillance footage
- Vehicle damage reports
- Statements you may have given
- Whether officers respected your Charter rights
Understanding what the Crown can and cannot prove is key to a successful defence.
Common Defence Strategies
Depending on your circumstances, I may build a defence around:
- Lack of knowledge that an accident occurred
- Insufficient evidence that your vehicle was involved
- Mistaken identity
- Insufficient police investigation
- Violation of your right to silence or improper questioning
- Challenging the reliability of witnesses or surveillance
I routinely negotiate for charge withdrawals when the evidence does not meet the legal threshold.
My Role in Your Defence
From the moment you contact me, I:
- Protect you from self-incrimination
- Gather and preserve favourable evidence
- Handle all court appearances
- Communicate directly without intermediaries
- Develop a tailored defence strategy based on your version of events
Your case receives my full personal attention—never passed to a junior lawyer or assistant.
Why Clients Trust Me With Fail-to-Stop Cases in Brampton
- Experience That Matters
- A Personalized, Strategic Defence
- Proven Track Record of Charge Reductions and Withdrawals
- In-Depth Knowledge of Driving Offence Evidence
- Straightforward Guidance Without Legal Jargon
- Dedicated to Protecting Your Record and Your Licence
What You Should Do If You’re Charged
If you have been charged or believe you are under investigation for Fail to Stop or Fail to Remain, you should:
- Avoid making statements to the police or insurance without legal advice
- Document your recollection of the event
- Photograph any damage to your vehicle
- Gather contact information for witnesses
- Contact me as soon as possible
A single mistake early on can significantly harm your defence.
How Can I Help Right Away
When you call me, I will:
- Explain your rights
- Review the allegations with you
- Advise you on how to avoid further risk
- Begin preparing a defence plan immediately
Time is crucial—early legal advice can change the outcome of your case.
The Court Process for Failure to Stop Charges
What to Expect
Fail-to-stop cases typically follow these steps:
- First appearance in court
- Review of police disclosure
- Meetings with the Crown attorney
- Negotiations
- Preparation for trial, if necessary
I handle every appearance for you unless your presence is required.
How I Guide You Through the Process
I ensure you understand each stage, the strengths and weaknesses of the Crown’s case, and the options available—whether that is withdrawal, reduction, or trial.
Contact Me for Immediate Legal Advice
If you are facing a Fail to Stop or Fail to Remain charge in Brampton, do not navigate this alone. Early legal representation can significantly impact the outcome of your case.
Call me directly at (437) 998-1429 for a free, confidential consultation.
Frequently Asked Questions
Yes. In Ontario, both terms refer to the legal requirement to stop and exchange information after an accident.
This is a common and legally valid defence. The Crown must prove you knew or ought to have known a collision occurred.
Yes. Many Fail to Stop cases are resolved through withdrawals or reductions if the evidence is weak or unclear.
Most cases take several months, depending on disclosure, evidence, and negotiation.
If charged criminally, jail is possible. HTA charges typically involve fines and demerit points, but can still carry serious consequences.
In many cases, I can attend court on your behalf for routine appearances.
If convicted, insurers almost always classify Fail to Remain as a serious offence, leading to extremely high premiums.
No. You should always speak with a lawyer first.