Ontario · Fail to Remain · Hamilton
Fail to Remain Charge in Hamilton
Charged with fail to remain after a collision on the Linc, the Red Hill, or a Hamilton street? This carries 7 demerit points — the maximum for any single offence in Ontario — plus jail exposure. Understand what's actually at stake before you do anything else.
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Fail to Remain in Hamilton — how it actually works
A fail-to-remain charge under s.200 of the Highway Traffic Act can follow a collision anywhere in Hamilton — on the 403 with the OPP, or on the Linc, the Red Hill, or a city street with Hamilton Police Service. Either way, the file is prosecuted at 50 Main Street East, and there is no fine to simply pay. You're served with a summons and the matter goes to court.
This is one of the most serious Highway Traffic Act charges: 7 demerit points, the maximum for any single offence, a licence suspension of up to two years, and jail exposure of up to six months. How fail-to-remain charges are defended in Ontario covers the full penalty structure and the knowledge-based defences.
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Fail to Remain in Hamilton
How many demerit points is fail to remain in Hamilton?
Seven — the maximum for any single offence under the Ontario demerit system, whether the matter is heard in Hamilton or elsewhere in the province. For a fully licensed driver, 15 points results in suspension.
Where is a Hamilton fail-to-remain charge heard?
Hamilton Provincial Offences Court at 50 Main Street East, Suite 110. This is a Part III charge — heard on a summons, not paid off a ticket, whichever service laid it.
Is fail to remain in Hamilton a criminal charge?
Not under s.200 of the Highway Traffic Act — that's a provincial offence. The Criminal Code has a separate, more serious failure-to-stop offence under s.320.16. Which one is laid depends on the circumstances, particularly whether an intent to avoid liability is alleged.
Related pages
This may not be the whole picture — here's how we handle other charges in Hamilton, and how Fail to Remain plays out in other Ontario cities.
Other charges in Hamilton
Fail to Remain elsewhere in Ontario
Legal information, not legal advice. Laws, fines and demerit points change; check the current Highway Traffic Act and the Ontario Court of Justice set-fine schedule before relying on a figure. Using this site or sending a form does not create a paralegal-client relationship.