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Failure to stop and report an accident solicitors

Failure to stop after an accident can lead to serious consequences for a driver and in the most serious cases, where injury is caused or significant damage is caused to vehicles or property, consideration can be given to the imposition of a prison sentence. If charged with this offence you should seek legal advice from specialist motoring offence solicitors immediately.

There is an obligation on drivers to exchange details such as names, addresses, and vehicle registration details after an accident or incident. If a driver cannot exchange details because the owner of an unoccupied vehicle is not present, for example, the driver is thereafter required to report the incident to the police as soon as practicable and in any event within 24 hours.

If you have been accused of failing to stop and report an accident and would like advice on your situation, call our specialist solicitors on 0161 696 6250, alternatively please complete our online enquiry form and we will contact you directly.

 

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What are the penalties for failure to stop and report an accident?

The sentencing guidelines for these offences allow the court to impose penalty points ranging from 5-10 or a disqualification in serious cases. Alongside the element of points on your driving licence, the court can impose a sliding scale of penalties ranging from unlimited fines, community orders or, in the most serious of cases, prison sentences of up to 6 months. The sentencing guidelines are open to interpretation by the court and it essential that, even when entering a guilty plea, proper representation is employed to ensure that the court are directed to the most appropriate sentencing considerations.  

What defence can be considered?

A potential defence could be based on the following points:

  • You were not the driver at the time of the accident
  • You stopped at the scene of the accident and exchanged information promptly
  • The accident was reported as soon as reasonably possible
  • You were unaware that the accident had taken place
  • You were not driving on a public road or in a public area when the accident happened
  • There was no injury or damage caused by the incident

Where more minor accidents occur, it is possible for drivers not to be aware. This may be the case if you are driving a large vehicle such as a HGV, van, 4X4, bus or coach. However, the court would have to be satisfied that you were unaware.

Our specialist motoring offence team at Stephensons can provide assistance if you fail to stop at an accident by offering advice and representation. We will guide you through the legal process, help you understand your rights and obligations, and work towards mitigating penalties. We will defend allegations relating to failing to stop after a car accident or failing to report an accident, reducing penalties, and representing you in court proceedings.

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