Appeal your Failure to Stop Charge | Motoring Solicitor
Are you being charged with Failure to Stop? TrafficLawyer4u have over 25 years experience in successfully handling failure to stop cases.
We've dealt with numerous cases where a person has failed to stop after a road traffic accident, or even failed to stop when they have been signalled to by the authorities. We have a proven track record of defending those who have been charged with a failure to stop offence, but it's vital that work begins on your defence as soon as possible to give us the best possible chance to avoid any potential driving bans.
Failure to Stop: The Law
The current UK laws concerning failure to stop after a road traffic accident, or failure to stop in other situations, falls under the 1988 Road Traffic Act. They key sections that effect the outcome of your failure to stop court case are the following:
- Section 170(2) - The driver of the motor vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address, the name and address of the owner of the vehicle and the identification marks of the vehicle. The duty to stop means to stop sufficiently long enough to exchange the particulars above.
- Section 170(3) - Places obligation on the driver, if he does not give his name and address under subsection (2) above, to report the accident to a police constable or police station as soon as reasonably practicable and in any case within 24 hours. The duty to report means "as soon as reasonably practicable". It does not mean the driver has 24 hours within which to report the collision.
Failure to Stop: The Conviction
In order to be convicted of failure to stop, the prosecution must prove that you didn't comply with the above two subsection laws of the 1988 Road Traffic Act. Failure to stop requires evidence that you failed to stop, which includes evidence that you were involved in any related road traffic accident. When the evidence reveals that the defendant is guilty of both the above failure to stop laws, proceedings will be brought for both offences. The failure to stop is usually viewed as the more serious of the two.
As with all driving bans, prosecution can also depend on the person's situation. The court is often more lient when discusing a driving ban case that involves a person who needs to travel for work, and has people who are dependant on the income of their employment.
Contact us today for your Free Initial Consultation on 0800 195 6567
Failure to Stop: The Defence
Despite being a very strict duty on drivers to stop after an accident, do not assume there are no defences to the charge. There are and we are here to use them for you if possible. For example it is a defence to failing to stop if the driver can satisfy the court that he was unaware that an accident had occurred. It may be that you did stop after an accident and wait for a reasonable time before leaving the scene. In order to avoid a conviction for failing to stop, your argument has to be persuasive. We are experts at putting your version of events to the court.
If you are prosecuted for failing to stop this will be heard in the Magistrates Court.
If you are found guilty of failing to stop the offence will attract the full penalty unless this can be reduced by mitigation. This is where we can help again. If it is not possible to secure an acquittal it is important that we fully explain your position to the court to ensure that any penalty is kept to the absolute minimum.
Failure to Stop: The Penalty
There are various penalties that can be given if you are convicted of a failure to stop charge. Obviously, these all depend on the severity of each individual case and the circumstances of the defendant.
The failure to stop penalties range from a fine of up to £5,000, a driving ban for a given period decided in court, or 5 to 10 penalty points on your driving license. In more severe cases of failing to stop, the court has the power to issue a prison sentence of up to six months' imprisonment.
We are able to help with all of the above convictions, but it is important that you contact us as soon as possible to give you the best chance at the best possible outcome. So don't delay, contact TrafficLawyer4u today to see how we can help you avoid a possible failure to stop conviction!
Contact us about Failure to Stop
Contact our expert solicitors today regarding your Failure to Stop case. Call us direct on 0800 195 6567 or fill out our confidential online enquiry form with the details of your case and we’ll get back to you.
At Trafficlawyer4u Solicitors, you will only ever be advised by fully qualified, experienced Solicitors and Barristers. There will be no situation in which you are given advice by an unqualified member of staff.
When speaking to firms of Solicitors, you should always ensure that the person giving the advice is a fully qualified Solicitor or Barrister in order to ensure the advice is correct. Contact us today on 0800 195 6567