Failure to Remain Charges Withdrawn

Posted in Criminal Driving Cases

F.M. contacted me after receiving a call from police who were investigating an incident in which a vehicle registered in his name hit a parked car late at night.  Both vehicles sustained serious damage and F.M.’s vehicle was then driven to his home.  The police attended the home shortly after the accident occurred and knocked on the door but no one answered.  They suspected that F.M. had been driving impaired and had not remained on the scene of the accident in order to avoid being charged.  The following day, I attended the police station with my client and the police tried to get him to give a statement.  My client exercised his right to silence and the police subsequently charged him with Failing to Remain at the Scene of a Collision (7 demerit points), Careless Driving (6 demerit points) and Operate Unsafe Motor Vehicle, all under the Highway Traffic Act.  At Provincial Offences Court, I convinced the prosecutor that they would have a very difficult time proving that my client was the driver of the vehicle.  The prosecutor ultimately agreed to withdraw the Fail to Remain and the Careless Driving and my client entered a guilty plea to the Operate Unsafe Motor Vehicle.  He received a fine and no demerit points.