Most drivers will assume that this offence relates to “hit and run” scenarios and whilst that is true, an alarming number are not aware that even the smallest of accidents should be reported to the police.
We receive calls from many drivers who were not even aware that an accident had taken place yet they have received a Notice of Intended Prosecution or even a Court Summons! Usually upon discussing the case a driver will remember an incident that they did not consider it to be report-worthy but unfortunately such oversights can lead to charges being brought against you.
Sentencing for this offence is significantly broad and can include the following:
- Between 5 and 10 penalty points on your licence;
- A disqualification from driving;
- A community service order; or
- A prison sentence of up to 26 weeks!
Thankfully most cases of failing to stop/report are minor incidents and prison sentences are reserved for the more extreme cases where there has been significant injury or damage caused that has then not been reported.
It is worrying however that a driver involved in something so minor they did not even remember it could be facing such a charge and penalty.
Is There a Defence?
If you genuinely have no recollection of an accident taking place then this may provide you with a defence to the allegation. A driver cannot be expected to stop and report something they are totally unaware of!
If you thought an incident was too minor to report however then unfortunately this is not a defence.
If you did in fact stop (albeit briefly), attempted to exchange details with the driver or reported it to the police late then there may be ways we can help you so please contact us to discuss your case free of charge.
If you wish to plead guilty to the offence then we would still strongly urge you to contact us for advice as there is still much scope to affect the seriousness of the penalty. We can offer representation on this basis to include:
– Untimed and unlimited telephone consultations with your lawyer for advice and support;
– Meticulously prepared mitigation;
– A specialist Barrister/advocate
– Thorough advice on supporting evidence/documentation to assist mitigation
– Thorough advice on court procedure and what you can expect on your day in court
– Out of hours assistance if required (up to 10pm)