Failure to Stop and Report 

If you are involved in an accident you are required to stop and exchange details with any interested party this will usually be the driver of the other vehicle but could be the owner of any property damaged or person injured to driver of the other vehicle It is an offence under S170 of the Road Traffic Act 1988.

The penalty is up to 6 months imprisonment and/or an unlimited fine which is unlimited for offences, 5 – 10 points or a discretionary disqualification.

We understand how concerned you will be about the outcome and impact on your life. Let us alleviate your concerns speak to one our specialist road traffic solicitors for free advice they will be able to discuss your options and give you a realistic view on the sentence you are likely to receive.

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You should seek advice before pleading guilty if you call one of our specialist solicitors they will be able to advise you free of charge as to whether you guilty plea is the right plea to make.

If after the advice you still wish to plead guilty it is important to have a specialist representative at the court hearing to ensure that the Court imposes the lowest penalty possible especially if you are at risk of a custodial sentence.

It is not enough to stop the duty under S170 is to stop and exchange details i.e name and address and vehicle details if you fail to do any of these you will be guilty of the offence.

The only defence would be if there was no one around who would reasonably be expected to require your details. However, even then you would still have an obligation to report as soon as reasonably practicable and in any event within 24 hours.

Yes the duty to stop and exchange details falls upon all drivers involved in the incident regardless of blame. 

Although the duty to report has a time limit of 24 hours you must report the accident as soon as reasonably practicable. So if you have an opportunity to contact the police before the 24 hour period then you should have done so and may face a charge if you have failed to do so.

As most people have a mobile phones, the argument that you could not contact the police within before the 24 hour period deadline would be difficult to establish.

If your car was involved in an accident and you were not the driver you would not be convicted of the offence but you must be aware that you would still have obligations to identify the driver at the time.

READ MORE ABOUT FAILING TO PROVIDE DRIVER INFORMATION

You may have been unaware of the accident, which would be a defence, but you should be aware that it is not a question of stating I did not know about the accident, you must be able to establish that you were not nor should not have been aware of the accident. The more serious the accident the less likely you are to succeed on this argument.

If you are unsure whether you have a defence speak to one of our specialist road traffic defence solicitors free to establish if you have a defence and what your options are. They will be able to put your mind at ease.