FAILURE TO STOP / REPORT AN ACCIDENT
We can provide you with a lawyer for legal representation on failure to stop / report an accident. If you face legal proceedings in a Magistrates Court for failing to stop / report an accident and want one of our specialist solicitors to act as your lawyer then please get in touch.
We can provide you with a lawyer who is a specialist in failing to stop / report an accident driving offences and can give you advice and assistance and representation at any court, often at short notice.
Our specialist lawyer will make contact with you and provide a first class service to you. We will take your full instructions and if you wish provide you with advice only or representation in court if you so wish.
Courts often view these two separate offences as being very serious. This is because there is always the assumption that can be drawn that the driver may have something to hide in the commission of the offence. For example, the driver may have been over the legal limit for drink driving or have taken a car without the permission of the owner and therefore chosen not to have stopped at the scene.
Parliament has recognised these concerns and these two offences now carry a custodial sentence in the worst of cases. However, cases that would attract consideration of a custodial sentence are few and far between. Again, both offences carry penalty points endorsements upon conviction and it is not unusual for disqualification from driving to be considered in such cases. Because these offences can be dealt with by way of a custodial sentence, the offender will not be given the chance of plading guilty by letter and will be required to attend Court in person.
The law in relation to a driver's obligation if he is involved in an accident are quite complex. He must, if there is personal injury, damage to a vehicle, property or an animal, stop and exchange details with a person having reasonable grounds for requiring them. However, the law only relates to certain animals. For example, a dog is covered by the legislation but a cat is not. The details to be exchanged will be name and address of the driver and those of the owner of the vehicle and the registration mark of the vehicle. The driver should also provide insurance details. It is reasonably easy to comply with these requirements if both drivers stop at the scene. However, the law can be more difficult to comply with if only one car is involved in an accident or if there is noone in the vicinty to report the accident to. In such cases we would recommend seeking legal advice to see if the driver has done enough to comply with his obligations under the law. It should be noted that ignorance of what was required to be done by a driver will not provide him with a defence to these charges.
In relation to failing to report an accident, a person who does not comply in exchanging details at the roadside must report an accident at a police station. Failure to do so will mean the commission of an offence. Motorists are often charged with both offences as they fail to meet their obligations both at the roadside and in reporting the matter to the police. A common mistake in such cases is the belief that you have 24 hours to report the accident. This is not strictly true. The accident must be reported as soon as possible and no later than 24 hours. It is therefore possible to commit an offence by reporting the accident but not doing so soon enough. Again, if there is a question mark hanging over whether an accident was reported as soon as possible, we would suggest seeking legal advice upon the matter.
We have often dealt with cases where the driver is prosecuted for these offences but had no knowledge that an accident occured. This can often happen when a car nudges another car whilst manouvering into a car park space. In such cases, the driver is under no obligation to stop or report the accident as he cannot deal with something of which he has no knowledge. If the matter goes to Court, the case will be tried and the Court will have to decide upon whether an accident did take place and thereafter was the driver aware of the accident. Whilst it is always for the prosecution to prove a person's guilt, cases such as these will often be decided upon the credibility of the offender and whether the Court believes that he was not aware of the accident.
For the best possible legal advice and representation please contact us. We will ensure that your case is represented in the best possible way thus assuring you the most favourable outcome. Call us now to speak to one of our specialist lawyers.
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