Home > Failing to Stop
Have you been stopped by the police, arrested and given a court date or bailed to return to the police station, or received a summons for failing to stop after an accident or failing to report an accident?
Contact Just Motor Law today to discover how we can help you.
So what does the law actually say?
If you are involved in an accident on a road or public place and someone else is injured, damage is caused to another vehicle or property or an animal is injured; then you must provide your name, address, registration details and the owner’s details, to anyone who has reason to require it, usually the owner of the vehicle/property or injured party
If you do not provide those details to any such person then you must report the accident to the police station as soon as is reasonably practicable and in any event, within 24 hours
Do you have a defence?
You will be not guilty of these offences if we can show that there wasn’t actually an accident. This may involve obtaining an inspection of your vehicle by an expert, obtaining CCTV or witness statements on your behalf
You will not be guilty of these offences if you had no knowledge that an accident took place. It is for you to raise this defence and prove that you were unaware of the accident and we will assist you in presenting your case with the aim of persuading the Crown Prosecution Service to drop it or to win it at trial
The Crown Prosecution Service must show that you were the driver and convince the court of that beyond reasonable doubt. If there are problems with the identification evidence and the Court are not sure that you were the driver, then you should be found not guilty
At Just Motor Law our experts will provide you with advice on your options for challenging this allegation. We are specialists in this field and will carefully evaluate the circumstances and scrutinise the procedures the police have followed with the aim of establishing your defence and SAVING YOUR LICENCE.
What are the penalties for failing to stop after an accident or failing to report an accident?
If you are convicted of this offence, the consequences can be very serious as this is an offence that carries a discretionary disqualification or 5 to 10 penalty points (unless Special Reasons apply). The sentence can range from a fine of up to £5000, through to a community sentence such as unpaid work in the community, an electronically monitored curfew, or can carry up to 6 months imprisonment for the most serious offenders
If disqualified from driving it would be for a minimum of 6 months but could be considerably longer
If you are a new driver and are sentenced so that you accumulate at least 6 penalty points, then your licence would be revoked and you would have to retake your test. Retaking your test is a costly exercise. You may also need extra lessons before you felt comfortable putting in for it again
Your job may be at risk if you are banned from driving
Your insurance premiums may rapidly increase following a period of disqualification
You will have a criminal record that will only become spent after the time scales set out in the Rehabilitation of Offenders Act. Consequently, if required you will have to inform your employers or future employers of this conviction during those time scales
If you need your driving licence then everything is at stake if you are convicted of this offence. You need the experts to help you fight the case at every stage! At Just Motor Law we pride ourselves on contesting each case with the greatest tenacity, with the aim of you being found not guilty.
What can be done to protect your licence if you are found guilty or plead guilty to failing to stop after an accident or failing to report an accident?
Our team are experts at preparing your mitigation so that you are in the best position to receive the lightest possible sentence in all of the circumstances. Cases are generally grouped into three levels of seriousness by the court who then use this to determine sentence ranges. We understand the guidelines that the Courts will apply when sentencing you and will help you in presenting any evidence that will allow the Magistrates to deal with you with more leniency.
How can you avoid the penalty points/discretionary disqualification?
We know what types of situations can lead to a successful Special Reasons argument. We will discuss your case and all of the circumstances with you in detail and advise you when this is an argument that can be put forward on your behalf in an aim to protect your driving licence.
We will ensure that your case is prepared thoroughly for the Special Reasons argument. The onus is upon you to establish that there are Special Reasons and we will attend court with you and present the most forceful representations on your behalf. We will present the complex case law where appropriate that deals with different circumstances where Special Reasons are found for the court. Our team are experts in presenting this argument to the Court and have a proven track record in persuading the Court they should not ban in these circumstances. Don’t just accept it – defend it!
Remember, there is ALWAYS something that we can do to help and with Just Motor Law you will not face this stressful and complex situation alone.
What are you waiting for? Get in touch with the team now
for FREE initial advice on your case and how we can help you.