Failing to Stop/Failing to Report
What Are Failure to Stop and Failure to Report Offences?
Being accused of failing to stop after an accident or failing to report an accident can be a highly stressful and unsettling experience. Many motorists are unaware that even a minor bump, scrape, or moment of contact can trigger serious legal obligations. A conviction for either offence can have significant consequences, including penalty points, a driving disqualification, a substantial fine, and in some cases, imprisonment.
These offences are taken seriously because they relate to a driver’s duties following an incident on the road. Even if you genuinely believed no accident occurred, or you were unable to stop for safety reasons, you may still find yourself facing an allegation. In 2024, more than 23,000 drivers were convicted of failure to stop or failure to report offences across England and Wales, showing just how commonly these misunderstandings arise.
As specialist motoring offence solicitors, we have considerable experience defending these cases and can guide you through the process with clarity and confidence.
Why Have You Been Charged?
Under Section 170 of the Road Traffic Act 1988, a driver must stop and provide their details if an accident occurs that causes:
- Damage to another vehicle
- Damage to property
- Injury to another person
- Injury to certain animals
If you do not stop and exchange details at the scene, you must report the incident to the police within 24 hours.
You may face one or both of the following charges:
Failure to Stop (Section 170(2))
This relates to not stopping at the scene of an accident.
Failure to Report (Section 170(4))
This applies where the accident was not reported to the police within 24 hours and details were not exchanged.
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Possible penalties include:
- Up to 10 penalty points
- A large fine
- A discretionary driving disqualification
- Up to 6 months’ imprisonment in more serious cases
Because these offences depend on what you knew, what you believed, and what actually took place, the surrounding circumstances are crucial to your defence.
What Are the Defences for Failure to Stop or Failure to Report?
The defences available will depend on your personal circumstances and the evidence in the case. Below are some of the most common and effective arguments:
No Knowledge of the Accident
No Legal Obligation to Stop
Details Were Exchanged at the Scene
Accident Did Not Occur as Alleged
Reasonable Attempt to Report
Procedural Errors
Because these offences rely heavily on interpretation, recollection and context, early legal advice is extremely important. A carefully structured explanation can often make a significant difference to the outcome.
Contact Our Failure to Stop & Failure to Report Solicitors Today
If you are facing allegations of failing to stop or failing to report an accident, our specialist motoring solicitors are here to help. These offences can have serious long-term consequences, and professional representation can significantly increase your chances of avoiding penalty points, a ban or a conviction.
We will review the evidence, assess your personal circumstances, and develop a clear and effective strategy tailored to your case.
For expert legal guidance and a free initial consultation, contact Momentum Solicitors today.
Why Choose Momentum Solicitors?
Years Motoring
Defence Expertise
Our team have extensive experience and expertise in motoring law defence.
A Firm Built on
Personal Experience
Momentum was founded because Chris lived through the system himself and knows how it feels to be on the receiving end of it.
Representation
Nationwide
From London to Newcastle, we travel wherever you need us.
Free Initial
Assessment
Practical & Honest
Advice from Day One
Fixed-Fee
Payment Options
Our 4-Step Process
1
Make an
Initial Enquiry
Call us or request a call back. We listen to your situation and provide free, no-obligation initial guidance.
2
Case
Accepted
If your case has a defence or a strong mitigation path, and you choose to instruct us, we begin immediate preparation.
3
Full Case Work
& Representation
We gather evidence, analyse procedures, and build your strongest route to success.
4
Outcome
Achieved
Our goal is always the best possible result – whether that’s reduced penalties, avoiding disqualification, or having charges dismissed entirely.
