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ScotsLawPro
ScotsLawPro, Solicitor
Category: Scots Law
Satisfied Customers: 1290
Experience:  LLB (Hons), Dip LP, NP
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I have been charge under the road traffic act 1988 section

Customer Question

I have been charge under the road traffic act 1988 section 170(2) and (4) and also section 170 (3) and (4).
I was driving my car in the bad snow and it was snowing at the time I had went to get a takeaway and some things from the supermarket, when I was coming down my street I hit my neighbours car I moved my car around the corner as it was still running as the damage to my car was quite severe to a area were there is no need for a permit.
I took the the stuff up the stairs to my flat I ate my dinner I inspected the damage and took details of the car.
That night the Police came to my flat but despite there allegations I never heard them, I was not aware that you had to report hitting a car I thought it was only if someone was injured as 4 years ago someone crashed into my car.
The Police put a card through my door and I called them that day which was about 22hrs after the accident, I explained that I had tried contacting my insurance but the office was closed, and that I was not hiding
Submitted: 6 years ago.
Category: Scots Law
Expert:  ScotsLawPro replied 6 years ago.

HiCustomer/p>

 

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.

 

SLP

Customer: replied 6 years ago.

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

Expert:  ScotsLawPro replied 6 years ago.

Hi again

 

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.

 

SLP

Customer: replied 6 years ago.

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 ??????????

Expert:  ScotsLawPro replied 6 years ago.

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.

 

SLP