Failing to stop after an accident

The Offence

'This section applies in a case where, owing to the presence of a (mechanically propelled vehicle) on a road or other public place, an accident occurs by which-

a. Personal injury is caused to a person other than the driver of that (mechanically propelled vehicle), or

b. Damage is caused.

The driver of the mechanically propelled vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.' Road Traffic Act 1988 section 170

Maximum Penalty

  • 6 months imprisonment and/or fine not exceeding £5,000;
  • Licence Endorsed with 5-10 penalty points; and/or
  • A discretionary disqualification

The likelihood of being imprisoned increases with the severity of the accident and if there is both a failure to stop and a failure to report the accident, and:

  1. The Court believes that this was because you were trying to avoid a breath test; or
  2. Serious injury is caused.

If you can satisfy the Court that you were unaware that an accident had occurred this may be a defence to the charge.

If it is possible that being convicted of this offence will result in you having 12 penalty points on your licence please click here for more information as you will be at risk of losing your driving licence.

Remember expert representation by a skilled lawyer can always help in reducing the penalties imposed by the Magistrates.

Pricing and timescales

To provide you with the accurate and relevant pricing information to help you make a considered decision when choosing and purchasing legal services from our Motoring Offences team please visit our Legal fees for Motoring Offences page or contact us using the details below.


For further information please complete the online enquiry form, telephone us on 01733 882800 and ask for Andrew Cave or email