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Failing to Stop and Failing to Report

Being charged with Failing to Stop can have servere consequences for you and can even result in custodial sentence.

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What constitutes an offence of Failing to Stop or Failing to Report?

Every driver should know that they are obligated to stop at the scene of an accident where, either there is damage caused to another car or property belonging to another, or personal injury. The driver is required to make themselves available to anybody else who may need their contact and insurance details. If they fail to do this they risk committing an offence of Failing to Stop under Section 170 of the Road Traffic Act 1988. This is irrespective of whose fault the accident is deemed to be.

This piece of legislation places a further obligation (even if you do stop and provide your details). You must also report any accident resulting in injury or damage to a Police Station. This must be done as soon as reasonably practicable, and within a maximum of 24 hours. This should be done in person as a phone call is not necessarily acceptable.

What penalty could I receive for a Failing to Stop offence?

Most people convicted of either of these offences can expect to receive points on their license, ranging from 5 to 10 points, and a fine. The fine is calculated based on the driver’s income to a maximum of £5,000. The courts also have discretionary powers to disqualify drivers who are convicted of such offences.

However, these type of offences cover a wide spectrum of scenarios. They can include bumping someone car in a car park to hitting someone at a Zebra crossing and driving off. Therefore these offences can also attract a custodial sentence of up to six months imprisonment.

If both these offences occur and relate to the same incident, they are treated as occurring on the same occasion. If you get a Summons for both offences you are only at risk of points for one of the offences.

What can I do about it?

Even receiving 5 to 10 points on your licence is onerous. It can have devastating consequences for those reliant on their driving license for work. If you receive a Court summons for failing to stop at the scene of an accident, or failing to report an accident, get in contact with our experienced motoring law team who can offer excellent advice and representation. We will assess the evidence in your case and determine whether you may have a defence in law.

If you, or anyone you know, has been arrested and/or charged with Failing to Stop or Failing to Report, it is essential that you contact our experienced team of lawyers specialising in motoring law at the earliest opportunity. We will discuss your case and any options that may be available to you.  We have experienced solicitors who deal with these offences on a daily basis in Courts throughout the UK. Poole Alcock has expert defence solicitors based in offices across Cheshire, the North West and the Midlands, including Birmingham, Manchester, Chester, CreweAlsager, Congleton, Sandbach, Northwich, Nantwich and Wilmslow.

You may be eligible for legal aid, subject to a means test. Click here to complete our legal aid eligibility to see if you are eligible for public funding.

Alternatively, we are happy to discuss your case with you over the telephone. Call us today on 01270 256665 or contact us using this form and we will call you back to discuss your case.


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