Solicitors for Failing to Stop and Report a Road Accident
If you are facing a criminal prosecution for the offence of Failing to Stop / Report a Road Accident, there is a very high risk that you could receive a Driving Ban.
The offence of failing to stop at the scene of a road traffic accident involving personal injury or damage to property is an offence which carries a maximum penalty of 6 months imprisonment. You should seek expert legal advice from our Motoring Law Solicitors to see how we can defend your case, safeguard your liberty and avoid a driving ban. Leave a message via our Contact Form and one of our driving offence lawyers will be in contact with you to provide free initial telephone advice.
The offence of failing to stop after an accident and failing to report a road traffic accident are both contained within Section 170(4) of the Road Traffic Act 1988.
The Requirement to Stop After a Road Traffic Accident
Section 170(2) of the Road Traffic Act 1988 places a requirement on all drivers to immediately stop their motor vehicle if an accident has occurred on a road or public place, due to the presence of the driver’s motor vehicle.
This requirement arises where there is:
- Personal Injury, or
- Damage to a Vehicle, or
- Damage or Injury to an Animal
- Damage to Property attached to the road where the accident occurred
In such circumstances, the driver must stop their vehicle and provide his / her name, address, the details of the vehicle owner and the vehicle registration to a person that has reasonable rounds to require this information from the driver.
The driver must give correct and accurate details in order that prompt communication can occur, if this is not done, the offence of failing to stop after an accident is likely to have been committed. The requirement to stop after an accident still applies, even if the accident wasn’t your fault.
Section 170(2) of the Road Traffic Act 1988 places a requirement on all drivers to immediately stop their motor vehicle at the scene of the accident, if a driver continues to drive and then returns to the scene a short while later, the offence of failing to stop may still have been committed.
The Requirement to Report the Road Traffic Accident to The Police
If for a reason the driver does not immediately stop and exchange details, Section 170(3) of the Road Traffic Act 1988 places a requirement on all drivers to report the accident to the police as soon as reasonably practical and in any event within 24 hours of the time of the accident.
The driver must report the accident at a Police Station or to a Police Constable as soon as practicable and at the very latest, within 24 hours of the incident occurring. In such circumstances, you should deal with this obligation as a priority and report the incident at a Police Station as soon as possible. A driver that does not report the accident as soon as ‘reasonably practicable’ may still be convicted for this offence, even if the report is made within 24 hours. It is for the Court to decide what is ‘reasonably practicable’.
Sentence for Fail to Stop / Fail to Report an Accident
The offence of Fail to Stop / Fail to Report an Accident is a ‘Summary Only’ offence, which means that the case would be heard in the Magistrates’ Court.
If a person is convicted following a Trial or if they plead guilty, the Magistrates’ Court has the power to impose a custodial (imprisonment) sentence of up to 6 months, can disqualify from driving for up to 12 months and impose a fine of an unlimited amount.
The Magistrates’ Court can also endorse the driving licence with 5 to 10 penalty points. If a driver already has active penalty points on their licence, a decision by the Magistrates’ Court to impose 5 to 10 penalty points could result in the driver becoming a ‘Totter’ and still receiving a driving ban.
Fail to Stop / Fail to Report an Accident – Defence
If an accident has occurred and you did not hear or see anything to suggest that you had been involved in an accident, you may be able to successfully defend this prosecution. If this situation is applicable to you, contact our driving offence solicitors today on 03452229955 to see how we can defend and prepare your case for trial.
Kang & Co Solicitors – Failing to Stop and Report a Road Accident
If you are being prosecuted for this offence, it is crucial that you receive advice from a specialist driving offence Solicitor or Barrister from Kang & Co, our lawyers possess specialist knowledge and experience at successfully defending motoring offence cases throughout England and Wales.
Our lawyers will guide you through the process, assess the evidence in your case and will advise you on whether there is a potential defence base on the circumstances of your case.
We are regularly instructed to defend and represent individuals at Court for failing to stop / fail to report and have achieved excellent results for our clients.
Our Solicitors and Barristers are frequently instructed by individuals living and working in Birmingham, Solihull, Sutton Coldfield, Tamworth, Lichfield, Walsall, Nuneaton, Leamington Spa, Kidderminster and Wolverhampton.
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Do you require a driving offence solicitor? Please don’t hesitate to get in touch with us. Use our quick contact form below and a member of our experienced and professional team will contact you as soon as possible to discuss your requirements and your options.