Scottish Law Questions? Ask a Scots Lawyer
Thank you for your question.
The sections that you talk about impose an obligation on a person who is involved in a road accident firstly to stop, thereafter to provide details to anyone who has reason to ask for them and to report the matter to the police. Quite clearly if you stop and there is no-one around you have complied by simply stopping, as long as it is not simply to look about and make sure no-one saw you. Thereafter you have to report the matter as soon as reasonably practicable and in any case within 24 hours.
The point that usually raises its head in relation to this section is that what if the police call within the 24 hour period and I haven't reported it surely I still have time, just the point you raise. The fact is that 24 hours is the maximum you are allowed but you should try to do it sooner. Dropping off your shopping and eating your takeaway is unlikely to convince a court that you reported it as soon as reasonably practicable.
Not knowing the law is no excuse either I am afraid and indeed it is likely the court would not believe that as you should have been aware of the section as it is contained in the highway code, which even if some time ago you should have read for your driving test. The rules have been the same since at least 1972.
Sorry not what you had hoped to hear I would imagine but I hope it helps. Please click ACCEPT for my time to be credited.
I intend to plead guilty that is un questionable I was looking for a way to put this across as not to sound so guilty if you now what I mean, everyone knows my car where I live etc... I wasn't trying to do anything fraudulent and had every intention of telling the insurance company as I have protected no claims, yes I agree in hindsight I should have been more proactive but I am worried about what the outcome will be eg points etc...
Is it worth writing a letter with the reply to court to explain my actions as I did not know that you had to report the accident if no one was hurt
The good old "honesty is the best policy" is never more suited than here. If you tell the court exactly what you have told me they will be somewhat sympathetic I would imagine. A letter with your plea would be ideal. You should expect to receive about four penalty points and a small fine for a plea of guilty at the earliest opportunity.
Do they take into account previous driving convictions as I have had driving charges they where 10 years ago and have been attached to the mandate sent ??????????
They will consider them but they are quite old and as long as they are not of a similar nature they shouldn't have any great influence and any points that were given back then will long have expired.