The law:Road Traffic Act 1988, s.170

Drivers have a duty to stop and to report accidents that they are involved in. An offence is committed where this duty is not fulfilled.Whenever there is an accident and damage is caused or somebody other than yourself is hurt you are obliged to stop and provide your name, address and vehicle registration to others who may require them.If for any reason you do not give your name and address at the time of the accident, you are obliged to report the accident to the police within 24 hours, or sooner where possible.

Additionally, if somebody other than yourself was hurt in the accident you are further obliged to provide evidence of insurance to others who may require them. If you do not provide evidence of insurance at the time of the accident, you must produce it to the police within 24 hours.

Likely sentence or penalty

Likely sentence or penalty

The offence is triable only in the Magistrates Court and carries a  maximum Level 5 fine and/or 6 months imprisonment. The court  must endorse the licence  and may disqualify. If no disqualification the court must impose between 5 – 10 points.

Our advice

There are a number of possible defences to this allegation. If you are not aware that there was an accident, or if the place that the accident took place was not a road or other public place then you have a defence. It must also be proved by the prosecution that it was you who was driving.

It is highly recommended that you seek advice from specialist motoring or criminal defence lawyers who will either be able to help you avoid a conviction or limit the damage by securing a reduced sentence.

Rose & Dunn can represent you for a fixed fee or possibly on legal aid. Contact us for further advice and assistance including a free initial appraisal of your case with no obligation.