Charged with Failure to Stop or Report

Failure to Stop and report an accident

Where the driver of a vehicle is involved in an accident in which someone is hurt or another vehicle is damaged or an animal is injured or property near or on the road is damaged then that driver must act in accordance with certain duties set out in the Road Traffic Act 1988.

Such a driver must stop and if they are required to do so by another person having reasons for so requiring, give their name and address and the registration mark of the vehicle and, if applicable, the name and address of the owner of the vehicle.

If such a driver does not provide their name and address then they must always report the accident at a police station or to a police constable as soon as reasonably practicable and, in every case, within twenty four hours of the accident taking place.

Failure to comply with these duties without a defence will result in a fine and endorsement of five to ten penalty points. In the most serious of cases it could even result in discretionary disqualification or a period of imprisonment of up to six months.

Nevertheless the most severe penalties available under this section will only really be used in the most grave of cases i.e. where a driver leaves the scene of an accident where someone has been seriously injured or killed in a deliberate bid to escape liability

The only real way of escaping liability for an offence of this sort is to prove, on the balance of probabilities, that you were oblivious to the fact that an accident had taken place.

We Cover All of Scotland

Scottish Road Traffic lawyersAll of Scotland Covered:
Including: Glasgow Edinburgh Aberdeen Dundee Paisley Renfrewshire East Kilbride Perth Livingston Cumbernauld Hamilton Kirkcaldy Dunfermline Ayr Kinross Kilmarnock Inverness Greenock Inverclyde Port Glasgow Coatbridge North Lanarkshire Glenrothes fife Airdrie Falkirk Stirling Rutherglen Dumfries Galloway Motherwell Wishaw Clydebank West Dunbartonshire Bearsden East Dunbartonshire Cambuslang Newton Mearns East Renfrewshire Bishopbriggs Musselburgh East Lothian Arbroath Angus Polmont Elgin Renfrew Renfrewshire Alloa Bellshill Clackmannanshire Blantyre Dumbarton West Dunbartonshire Kirkintilloch Clarkston East Renfrewshire Bathgate West Lothian Stenhousemuir Falkirk Peterhead Aberdeenshire Barrhead Grangemouth Falkirk St Andrews Fife Kilwinning Ayrshire Giffnock viewpark Buckhaven Penicuik Midlothian Stranraer Johnstone Erskine Larkhall Moray

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