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criminal solicitors birmingham

Failure to stop and report an accident

If you are being investigated, or prosecuted, for failing and/or refusing to provide a specimen or sample of breath for testing to a police officer please contact me today for a free initial discussion.

Failing to stop after or report an accident is a matter that is dealt with in the Magistrates’ Court. The maximum penalty is six months imprisonment and/or a fine. The court must endorse and can disqualify. If the court does not disqualify it shall impose 5 to 10 penalty points.

This offence is committed when the driver of a vehicle fails to stop having been involved in a road traffic accident and on being requested by a person having a reason to do so fails to give his name and address or identification.

This offence is also committed when the driver of a vehicle is involved in a road accident and does not at the time of the accident provide to a constable or a person having reasonable grounds requiring it relevant evidence of insurance or fails to report the accident and produce relevant insurance.

A driver who is not aware of the accident does not commit this offence. If he later (within 24 hours) becomes aware of the accident he must report it personally. If a driver is genuinely unaware that an accident had occurred or remains of the view that none had occurred even in circumstances where someone informs him that there had been an accident there is no duty to report. If the driver was unaware because of his intoxicated state that is not defence where the intoxication is voluntary.

Please contact me today to discuss your driving matter.

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