Section 170, Road Traffic Act 1988
Any driver involved in a road traffic accident must stop and provide their details. If a driver does not comply with this requirement he must report the accident to the police as soon as reasonably practicable and, in any case, within 24 hours of the accident. Accordingly, two separate offences can arise following an accident. The first is failing to stop at the scene of the accident, and the second is failing to report the accident to the police. A driver who fails to comply with these duties is guilty of an offence under section 170 of the Road Traffic Act 1988.
Penalties
The penalties for both offences are the same, namely points within the range of 5 to 10 together with a fine of up to £5000. For serious cases the court has the power to disqualify and impose a period of imprisonment.
Failing to stop following an Accident
The duties on a driver following an accident are clear and strictly applied. If you are involved in an accident which causes injury to another person or damage to another vehicle, property or animal you must stop immediately or as soon as reasonably practicable to the scene of the accident. You must also remain at the scene for a sufficient time within which to provide details of your name, address and the registration number of the vehicle you were driving. These details must be given to anyone reasonably entitled to ask for them, such as the driver of another vehicle involved in the accident or the owner of property damaged as a result of the collision. The requirement applies to all accidents occurring on a road or public place. This means that even a small bump in a supermarket car park requires the driver to stop and report. The requirement applies even if the accident is not the driver’s fault.
Failing to Report an Accident to the Police
The first obligation on a driver following an accident is to stop and exchange relevant details. If you stop at the scene of the accident and nobody is there with whom to exchange details you must report the accident to the police as soon as possible and, in any case, within 24 hours. It is important to understand that this does not mean that you have 24 hours to report an accident. You must report as soon as possible (and within 24 hours). Furthermore, the reporting of an accident to the police needs to be made in person rather than by a telephone call.
Prosecution & Defences
It is quite common for a driver to be prosecuted with the two separate charges. In order to secure a conviction, the prosecution requires to prove that the driver involved in an accident failed to stop and/or provide relevant details to anyone reasonably entitled to ask for them. However, problems frequently arise in relation to identification of the driver at the relevant time. A successful defence can be established if the driver was unaware that an accident had occurred or that he attempted to report the matter by, for example, waiting for a reasonable period of time before leaving the scene.
How we can help
If you have been charged with failing to stop and report it is important to obtain expert advice from a specialist road traffic lawyer. Our experience and expertise in this area will quickly determine the merits of the case and the best option for you. We pride ourselves in offering a service that is friendly, reliable and honest. For free advice that is without pressure or obligation simply contact us:
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I honestly couldn’t praise Dominic enough!!
I honestly couldn’t praise Dominic and this fantastic company enough. I had direct communication from Dominic after I was recommended to acquire their services. Dominic was first class from the off, kept me updated through out and was an absolute gentleman. So my advice would be if you require any assistance in terms road traffic […]
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Excellent lawyers firm.
I had a drink driving charge and speeding charge. I found Dominic Sellar & Co online. Dominic discussed my case with no obligation telephone consultation and advised me of what lay ahead. I decided to use his support & services.Dominic was not able to attend court on the day of my case but his partner […]
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Dominic Sellar & Co
Dominic Sellar & Co. left a lasting impression with their remarkable and thorough approach. Their meticulous attention to detail and commitment to excellence were evident throughout the entire process. The professionalism and expertise demonstrated by the team were truly commendable, making the experience both impressive and reassuring.
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Speeding Driving Charge – 1st Class Service
Recently hired Dominic for a speeding charge I received. My experience was first class from start to finish upfront cost no hidden charges and communication from Dominic at all times was amazing only a phonecall away.
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Multiple Charges
I was facing multiple charges and Dominic sorted Everything out. I’m absolutely delighted by the outcome. And would recommend him to anyone needing a traffic lawyer.
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Honest and trustworthy service
facing a very difficult situation of a lengthy ban Dominic managed to fight my corner which resulted in a more manageable short term ban. What I liked about Dominic was that he was very straight talking and was very honest. Wouldn’t hesitate to recommend him.
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Dominic was great from the start
Dominic was great from the start, advice and possible outcomes. Handled my case with minimum fuss. The outcome was better than I could have hoped for. Hopefully I will not need you again, but should I face the same predicament I wouldn’t go anywhere else. Highly recommend. Thank you again.
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Mr SF, Glasgow
“I would like to take this opportunity to thank Dominic Sellar for all his help and representation in my case at Hamilton Sheriff Court where I was charged with Dangerous Driving. Mr Sellar was able to persuade the prosecutor that the driving was not dangerous…the Prosecutor accepted that the driving was careless. I avoided a […]
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Mr K, Manchester. Construction & Use Case
“I am writing about my road traffic case at Edinburgh, where I was charged with a number of offences relating to insurance and braking defects with an HGV that I own. With 9 points on my licence and the very real prospect of a ban I needed an expert road traffic lawyer. From the outset […]
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Mr BM, Aberdeen
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