Failing to Stop or Report
Failing to stop or report.
Two separate charges.
Section 170 creates two distinct offences. A driver can satisfy one duty and breach the other. Each can be defended independently.
At a glance
s.170 RTA 1988The legal framework
The headline reference for this service is s.170 RTA 1988. After reviewing the facts and the procedural history of your case, I will identify the legislation and caselaw that apply to your case.
The issues I examine
Clarity first.
Then light at the end of the tunnel
Because the duties are separate, the right analysis often narrows the case considerably.
- Knowledge of the accident
- You cannot fail to stop for something you did not know had happened. Minor contact is frequently not felt or heard.
- Whether you did stop
- The duty is to stop and, if required, give particulars. Whether that duty was met is a question of fact.
- The duty to report
- Where particulars were not exchanged, the accident must be reported as soon as reasonably practicable and within 24 hours.
- Whether it was an accident within the section
- The section applies to defined categories of damage and injury. Not every incident falls within it.
- Identity of the driver
- Where the allegation follows from a registration number, the prosecution must still prove who was driving.
- Totting up risk
- The points for these offences are high, and two charges can arise from one incident.
Sentencing and possible outcomes
The court has the power to dispose of cases in multiple ways. The following are a breakdown of most disposal options and what they mean.
| Potential outcome | What this means |
|---|---|
| 5–10 penalty points | Per offence |
| Unlimited fine | Means-related |
| Up to 26 weeks’ custody | Most serious cases |
What to share with me
- Any notice, letter or charge paperwork you have received
- The dates and location of any hearing or interview
- Your account of what happened and any supporting documents
- Photographs, messages, receipts, witness details or other material that may support your account
- Details of your driving record and how a conviction or disqualification would affect other people
- Your main concerns and the questions you want answered
Personal representation
When you instruct me, you deal directly with me. I will ensure that you clearly understand the proposed work and what it will cost.
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