Failing To Stop
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Failing To Stop
When involved in any accident, it is the responsibility of the driver to stop and provide details to any other party involved in the accident. Failing to stop and provide details is considered a serious offence, and the alleged offender faces up to 10 penalty points on their licence, as well as a fine of up to £5,000. Although a prison sentence may be given, this is typically only reserved for the most serious offences, and those cases where the offender is found guilty of additional crimes.
The prosecution must be able to show that you failed to stop, that there was an accident, and that you knew there was an accident. Even if you stopped for a reasonable period of time, can show that you could not reasonably be expected to know that an accident had occurred, or that you had another defence for failing to stop, you may be able to avoid the considerable fine and penalty points.
The courts will, if you are found guilty, hit you with the maximum ten penalty points, which essentially mean that you will be disqualified if you have any other points on your licence under the totting up law. However, it may be possible to avoid this disqualification if you can show that you or somebody else would suffer exceptional hardship as a result.
Your motoring offence specialist may be able to show mitigating factors that will lead the court to furnish your licence with fewer penalty points. This could help you avoid disqualification, and could mean that you are able to continue driving. The ideal situation would be to gain an acquittal, but where this isn’t possible, the next best solution is to show mitigating factors that will see your penalty reduced.
Failing to stop after an accident is considered a serious offence, and if you are ever involved in any accident, no matter how seemingly innocuous and even if nobody else is seemingly involved, you should stop and attempt to provide your details to the relevant party. A failure to do so could lead to your licence being furnished with as many as ten penalty points, and this could lead to disqualification under the totting up procedure.