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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 70117
Experience:  Over 5 years in practice.
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I am being prosecuted for hitting an unmanned vehicle in a

Customer Question

I am being prosecuted for hitting an unmanned vehicle in a carpark. and failing to report an accident what sentence am I likely to receive and will mitigating circumstances be taken into consideration
Submitted: 4 years ago.
Category: UK Traffic Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question and welcome to Just Answer. My name is Jo and I will try to help with this.

Are you charged with failing to stop and report or driving without due care or both?
Customer: replied 4 years ago.

being charged with both

Expert:  Jo C. replied 4 years ago.

Failing to stop and report carries 5-10 points and potential disqualification. It also carries up to six months custody and an unlimited fine.

Driving without due carries 3-9 points and potential disqualification and a fine.

However, the practical reality is that if this is just a damage only collision then you are facing points for failing to stop and report and a fine. They will also levy points for the driving without due care but they will not be active because the offences arise from the same course of conduct. So they will show on your licence but not be active from the point of view of the RTA.

If you offer a plea to driving without due care in exchange for dropping the failing to stop and report to the Prosecutor at court then that might well be acceptable. I used to prosecute road traffic courts all the time and where ever a plea to careless driving was available CPS didn’t often press ahead with failing to stop and report.

Please don’t worry about custody. I have only ever seen custody once for failing to stop and report and that involved a case where a person had struck a pedestrian who subsequently died then drove away and the Crown were able to prove that the pedestrian would have survived if he had stopped and summonsed help.

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