Failing to Stop

If a road accident damages property or injures a person or animal, drivers must stop to exchange details and, if necessary, report the incident to the police. There are severe consequences for failing to stop, such as fines, licence points, driving disqualification and imprisonment. Defending against a charge requires an experienced failing to stop offence solicitor. At Newtons, we use our legal skills and expertise to fight for the fairest outcome.

What Is Failing to Stop or Report an Accident?

If involved in an accident that damages property other than their own vehicle or injures another person or animal, drivers have a legal duty to stop. They must give their name, address and vehicle details to anyone who has reasonable grounds to know. If they cannot stop at the scene, such as due to a medical emergency, they must report the accident to the police no later than 24 hours after the accident. Failing to stop is a motoring offence under Section 170 of the Road Traffic Act 1988 and carries several penalties.

How Should You Report an Accident?

You do not need to report an accident if you were able to exchange details with other relevant drivers, no one was injured, and no alleged driving offences were committed. Otherwise, you are legally required to notify the police through either the local force’s online form or the national non-emergency telephone number (101).

Penalty for Failure to Stop After an Accident

Failing to stop or report an accident can incur several penalties, depending on the level of harm the incident caused and the level of culpability you are felt to have. When determining your level of culpability, the court will consider whether:

• You would have been asked for a breath, blood or urine sample if you had stopped
• You were trying to avoid arrest for another offence
• You knew or suspected that the accident caused injury
• You gave false details

Aggravating and mitigating factors could respectively increase or reduce the seriousness of the offence. For example, the court may impose harsher penalties if you have previous related convictions or made no attempt to comply with your duty. On the other hand, you may receive a lighter sentence if you have a good driving record or exhibit remorse.

According to the Sentencing Council, consequences of failing to stop include:

• Fine
• Licence points
• Disqualification
• Community order
• 26 weeks’ custody

Defences for Failing to Stop

If charged with such a serious offence, you need a failing to stop driving defence solicitor to manage your case, advocate on your behalf and present evidence to the prosecution. When you choose Newtons to represent you in court, you can be sure that we will do everything possible to preserve your freedom and reputation. If you plead not guilty, and depending on the available evidence, our legal specialists may recommend one of the following defences:

Evidence of Stopping or Reporting

This defence directly refutes the prosecution’s claim by proving that you did, in fact, fulfil your legal obligations. You must demonstrate that you stopped at the scene to exchange details or formally reported the incident to the police within 24 hours of the accident.

No Knowledge of the Accident

You may not have been aware that you were involved in an accident at low speed or while driving a very large vehicle. As a driver, you must show that you had no reasonable way of knowing that a collision occurred, such as not seeing, hearing or feeling any impact.

No Damage Occurred

You do not need to stop or report an incident that causes no damage or injury. If this is the case, there may be evidence to demonstrate that the legal requirement to stop did not apply.

No Evidence of Driving

The prosecution must prove beyond a reasonable doubt that you were the person driving the vehicle at the time of the accident. However, if they lack credible evidence, such as dashcam or CCTV footage and reliable witnesses, it is possible to challenge their case.

Private Land

The legal requirement to stop only applies when an incident occurs on a public road or in another public place. If the collision occurred entirely on private land with no public access at the time, Section 170 of the Road Traffic Act does not apply and the charge cannot stand.

Expert Solicitors for Failing to Stop Offences

Newtons’ defence solicitors for failing to stop driving can provide transparent legal advice when you are facing motoring law penalties. Trained in building robust defence strategies and protecting your legal rights, we are empathetic experts who fight for fair outcomes. To speak with our specialist motoring law team, please use our contact form to request a response or arrange a consultation at your nearest office today.

Failing to Stop FAQs