Compensation Avoids Conviction

Strict responsibilities are placed on the driver of a vehicle that is involved in an accident.  Where injury is sustained by someone other than the driver, or damage caused, then the driver must stop and provide their name, address and vehicle details to any person who has reasonable grounds to request them.   If this does not happen, then the accident must be reported to the police as soon as reasonably practicable and in any case within 24 hours of the accident.

Failure to do either of these is a criminal offence under section 170 of the Road Traffic Act 1988, attracting a range of penalty between 5 and 10 points with the Court retaining a power of discretionary disqualification.  It is this type of offence that often constitutes the first time a driver has fallen foul of the criminal law, often through inadvertence or an incomplete understanding of what duties are incumbent on a driver involved in a collision.

Our client in this instance found herself in exactly that scenario.   Whilst there was nothing nefarious in her actions, she had failed to obtemper what was required of her by law and thus faced two charges under s.170 at Kilmarnock Justice of the Peace Court. 

In the particular circumstances, we took the view that the Crown could be persuaded to discontinue proceedings against our client in exchange for her making recompense to the third party.  We were able to secure this outcome and thus avoided the deleterious effect of receiving both endorsement of her driving licence and a criminal record.