Failing to stop after an accident is an offence under section 170 of the Road Traffic Act 1988. The offence is committed where a driver is involved in an accident on a road or public place and does not stop and provide their details. If details are not provided at the scene, the driver must report the accident to the police as soon as reasonably practicable and no later than 24 hours after the accident.
In practice, most cases fall within the lower sentencing categories, where the starting point is a fine and penalty points rather than imprisonment. However, a conviction still carries serious consequences. For many drivers, the real risk is reaching 12 or more penalty points and facing disqualification under the totting-up rules. Only the most serious cases – typically involving injury, significant damage, or aggravating features – move into sentencing ranges that start at a community order and may include the possibility of custody.
If you are under investigation or have been charged, early specialist advice can make a significant difference. We focus on protecting your licence and, if necessary, preparing an Exceptional Hardship. In more serious cases, we focus on limiting the risk of a community order or custody.
For legal advice and representation, please contact us through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at [email protected]
The Law, Defences and Your Options
Failing to stop or report is an offence under section 170 of the Road Traffic Act 1988. It is committed where a driver is involved in an accident on a road or public place and does not stop at the scene and provide their details. If details are not exchanged at the time, the driver must report the accident to the police as soon as reasonably practicable and no later than 24 hours.
The offence can be charged even where the accident caused only very minor damage.
Whether any defence is worth raising will depend entirely on the evidence. Issues that may arise include:
- Whether an accident occurred at all
- Whether the driver knew, or could reasonably have been expected to know, that an accident occurred
- Whether stopping was genuinely impracticable in the circumstances
- Whether the accident was reported within the required time frame
Each case turns on its own facts, and early legal advice is important before making any admissions.
A conviction for failing to stop or failing to report an accident carries penalty points, which can lead to a ‘totting ban’ when totalling 12 or more. For many driver, this is the real risk when faced with an allegation.
We specialise in preparing and presenting Exceptional Hardship applications and have an outstanding track record of success. All the circumstances must be carefully considered, and a range of supporting documents must be prepared. It is often sensible to focus on the impact that a disqualification would have on others, such as family members or employees.
For more information, visit our Exceptional Hardship and Totting up service page.
Many failing to stop cases begin with police contact, a request for interview, or a postal requisition. How you deal with this early stage can have a significant impact on the outcome.
We advise on:
- Whether to attend a police interview and how it should be approached
- The best interview strategy (answering questions, submitting a prepared statement or making no comment)
- The strength of the prosecution evidence
- The likely sentencing range and realistic outcomes
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