Failing to Report Accident Acquittal

This case called for trial in Glasgow on 8 March 2019. The charge related to an allegation that our client had crashed into another vehicle and, having not stopped at the scene, failed to report the matter to the Police. The law imposes a duty in these circumstances to report the accident to at a police station or to a constable as soon as reasonably practicable and, in any case, within 24 hours of the occurrence thereof.

The law only imposes reporting duties on a driver when:

(a)personal injury is caused to a person other than the driver of that [F1mechanically propelled vehicle], or

(b)damage is caused—

(i)to a vehicle other than that [F1mechanically propelled vehicle] or a trailer drawn by that [F1mechanically propelled vehicle], or

(ii)to an animal other than an animal in or on that [F1mechanically propelled vehicle] or a trailer drawn by that [F1mechanically propelled vehicle], or

(iii)to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road [F3or place] in question is situated or land adjacent to such land.

Our client was very clear that there was no damage and no injury. The Crown lodged dashcam footage which was inconclusive and therefore lacked a sufficiency of evidence in terms of proving an accident had taken place in terms of the legislation.

The matter was treated as ‘not called’ thereby bringing the prosecution to an end.