Failing to Stop or Report a Road Accident: The Law and Available Defences
Failing to stop or report a road accident is a serious offence in the UK, governed by Section 170 of the Road Traffic Act 1988. This law requires drivers involved in a road traffic collision that results in damage to property or injury to a person or animal to stop and provide their details. Additionally, if the driver does not exchange details at the scene, they must report the accident to the police within 24 hours.
At Allen Hoole Solicitors, we have extensive experience in representing individuals accused of this offence. As the largest criminal defence firm in the South West of England, we have a team of highly experienced solicitor advocates who are well-equipped to defend clients in these cases.
The Law on Failing to Stop or Report a Road Accident
Under Section 170(2) and 170(3) of the Road Traffic Act 1988, drivers involved in an accident must adhere to the following:
Failing to Stop
The driver is required to stop their vehicle after an accident and provide their details, including their name, address, and insurance information, to anyone with reasonable grounds to request them.
Failing to Report
If the driver cannot exchange their details at the scene (for example, if the other party is not present or cannot be located), they must report the accident to the police within 24 hours.
Failure to comply with either requirement can lead to serious penalties, including:
- A fine of up to £5,000,
- Between 5 to 10 penalty points on the driver’s licence,
- A potential driving ban,
- Up to 6 months' imprisonment in the most serious cases.
Available Defences for Failing to Stop or Report
While the penalties for failing to stop or report are severe, there are several defences that may be available depending on the circumstances of the case. At Allen Hoole Solicitors, we are experts in identifying and developing these defences. Common defences include:
Lack of Knowledge
A driver cannot be found guilty of failing to stop or report if they were unaware that an accident had occurred. This is a common defence in minor incidents where the driver might not have realised that a collision took place. For example, if a vehicle lightly brushes against another car or an animal, the driver might not hear or feel the impact and therefore have no knowledge of the incident.
No Requirement to Report
If the driver stopped and provided their details at the scene, they may not need to report the accident to the police. In cases where the details were exchanged and recorded at the scene, a failure to report is not necessarily a breach of the law.
Emergency Situations
In some cases, there may be a reasonable excuse for failing to stop, such as if the driver feared for their safety or was dealing with a medical emergency. If this can be demonstrated, it may reduce the severity of the penalty or lead to the case being dismissed altogether.
Mistaken Identity
If the prosecution cannot definitively prove that you were the driver involved in the accident, this can be a strong defence. This may be relevant in cases involving company vehicles, family cars, or hire cars, where multiple people may have had access to the vehicle.
Procedural Errors
As with any legal case, the police and prosecution must follow strict procedures when bringing charges for failing to stop or report an accident. If there were errors in how the case was handled, this could provide grounds for dismissal. Our team will scrutinise every aspect of the case to identify procedural flaws that can be used to challenge the charges.
Why Legal Representation is Important
Driving offences like failing to stop or report can have a significant impact on your driving record and, in more serious cases, your freedom. Legal representation is critical in ensuring that your case is thoroughly investigated and that all potential defences are explored. At Allen Hoole Solicitors, we have successfully represented clients in a wide range of motoring offences, securing reduced penalties or case dismissals by challenging the evidence and procedure.
Why Choose Allen Hoole Solicitors?
As the largest and most experienced criminal defence firm in the South West of England, we have the resources and expertise to provide top-tier legal representation. Our solicitor advocates are highly experienced in handling cases involving motoring offences, and we have access to the best experts and barristers in this area. Our extensive knowledge of the law and the courts allows us to build strong defences for our clients.
If you are facing charges for failing to stop or report a road accident, contact Allen Hoole Solicitors today. Our expert team will provide the legal advice and representation you need to achieve the best possible outcome in your case.