Where the driver of a vehicle is involved in an accident in which someone is hurt or another vehicle is damaged or an animal is injured or property near or on the road is damaged then that driver must act in accordance with certain duties set out in the Road Traffic Act 1988.

Such a driver must stop and if they are required to do so by another person having reasons for so requiring, give their name and address and the registration mark of the vehicle and, if applicable, the name and address of the owner of the vehicle.

If such a driver does not provide their name and address then they must always report the accident at a police station or to a police constable as soon as reasonably practicable and, in every case, within twenty four hours of the accident taking place.

Failure to comply with these duties without a defence will result in a fine and endorsement of five to ten penalty points. In the most serious of cases it could even result in discretionary disqualification or a period of imprisonment of up to six months.

Nevertheless the most severe penalties available under this section will only really be used in the most grave of cases i.e. where a driver leaves the scene of an accident where someone has been seriously injured or killed in a deliberate bid to escape liability

The only real way of escaping liability for an offence of this sort is to prove, on the balance of probabilities, that you were oblivious to the fact that an accident had taken place.

Click on the links below to view some sample ‘Failure to Stop’ case results:

• 3 Charges including, Failure to Stop which put her licence in jeapardy! We are able to launch a series of technical attacks on the crown case and force them to accept pleas of Not Guilty on all 3!
• HGV Driver overtakes forcing a car off the road and Fails to Stop. We argue 2 technicalities and Win Not Guilty on both charges!
• Drink Driving and Failing to Stop After an Accident. We find a technical issue and win Not Guilty! to both charges
• Client suspected of drinking crashes into wall,abandons car and leaves scene. We make a technical submission and client acquitted!


• Crown had cited 8 witnesses against our client, we get all charges dropped!
• Outcome: Not Guilty to two charges and a plea of guilty to failing to provide a specimen ( when in charge of a vehicle) and disqualification avoided with 10 points imposed and a £250 fine.
• Witness to accident, client admits driving and thus potentially facing ban. We find & raise evidence issue and case is dropped!
• Client observed hitting stationary vehicle, inspecting damage then driving away and did not report it to police. Client now potentially facing a driving disqualification. Client admitted what happened, but asks us to try and save her licence and minimize points. We negotiate effectively with Fiscal and make legal submissions which served to minimize the penalty. No ban just 5 points and a small fine!
• Client on 9pts, facing 2 charges and likely ban. Advised by another lawyer to please guilty. However we scrutinize the evidence and find an unsurmountable legal requirement which we higlight to Fiscal and he agrees to drop all charges. Client is ecstatic!
• Client accused of colliding with another car, driving off, and parking elsewhere. Witnesses state that our client was guilty however, we scrutinize evidence and find witness anomalies and successfully persuade the crown to drop the case!

All of Scotland Covered:
Including: Glasgow Edinburgh Aberdeen Dundee Paisley Renfrewshire East Kilbride Perth Livingston Cumbernauld Hamilton Kirkcaldy Dunfermline Ayr Kinross Kilmarnock Inverness Greenock Inverclyde Port Glasgow Coatbridge North Lanarkshire Glenrothes fife Airdrie Falkirk Stirling Rutherglen Dumfries Galloway Motherwell Wishaw Clydebank West Dunbartonshire Bearsden East Dunbartonshire Cambuslang Newton Mearns East Renfrewshire Bishopbriggs Musselburgh East Lothian Arbroath Angus Polmont Elgin Renfrew Renfrewshire Alloa Bellshill Clackmannanshire Blantyre Dumbarton West Dunbartonshire Kirkintilloch Clarkston East Renfrewshire Bathgate West Lothian Stenhousemuir Falkirk Peterhead Aberdeenshire Barrhead Grangemouth Falkirk St Andrews Fife Kilwinning Ayrshire Giffnock viewpark Buckhaven Penicuik Midlothian Stranraer Johnstone Erskine Larkhall Moray