Fail to Stop and give Particular

THE LAW

Regulation 287 the Road Rules 2014 (NSW) the law states:

“The driver must stop at the scene of the crash and give the driver’s required particulars, within the required time and, if practicable, at the scene of the crash, to any other driver (or that driver’s representative) involved in the crash, and any other person involved in the crash who is injured, or the person’s representative, and the owner of any property (including any vehicle) damaged in the crash (or the owner’s representative), unless, in the case of damage to a vehicle, the particulars are given to the driver of the vehicle (or the driver’s representative).

The driver must also give the driver’s required particulars, within the required time, to a police officer if: anyone is killed or injured in the crash, or the driver does not, for any reason, give the driver’s required particulars to each person mentioned in subrule (2), or the required particulars for any other driver involved in the crash are not given to the driver, or a vehicle involved in the crash is towed or carried away by another vehicle (except if another law of this jurisdiction provides that the crash is not required to be reported), or the police officer asks for any of the required particulars.”

“Required Particulars”, for a driver involved in a crash, means:
the driver’s name and address, and
the name and address of the owner of the driver’s vehicle, and
the vehicle’s registration number (if any), and
any other information necessary to identify the vehicle.
In addition, if required to provide details to a police officer, the driver must also include an explanation of the circumstances of the accident.

 

MAXIMUM/POSSIBLE PENALTIES

In NSW, the following possible penalties for a Fail to Stop and Give Particulars charge are:

• Fine; and/or
• Conditional Release Order (CRO).

The maximum penalty is a fine of $2200

Please note that the penalties mentioned are reserved for the worse case offending.

Statistics reveal that for Fail to Stop and Give Particulars 73% of offenders received a fine.

 

THE FACTS THAT MUST BE PROVEN

As the nature of Fail to Stop and Give Particulars offence in law is a criminal one, the burden of proof is on the Prosecution.

The prosecution must prove beyond a reasonable doubt:

• The occurrence of an accident.
• You were the driver behind the wheel.
• Your failure in controlling and stopping the vehicle.
• You stopped the vehicle but refused from providing your particulars to another driver, injured party, or owner of the damaged property.
• You do not have a defence to the charge.

 

DEFENCES

Those charged with Fail to Stop and Give Particulars, the following defences can be put forth in the dispute:

• The records have your name registered as the registered owner however, at the time of the incident, you were not the one in the driver seat.
• You were engulfed by a grim emergency due to which you had no choice to stop the vehicle. For e.g., you had someone in your car who was profusely injured and in need of immediate medical attention.
• You were in such surroundings where it wouldn’t have been ideal to stop the vehicle and communicate with the relevant people. For e.g., The place of the incident was a jam-packed motorway, or another driver was under the influence of an intoxicating substance.

 

CHOICES AT LAW OPTIONS

For Fail to Stop and Give Particulars, Rep-Revive Criminal Lawyers® offers the following options:

1. We initiate negotiation with prosecutors (police) (a term referred to as “plea negotiations”) and plead to withdrawal or downgrade of the charge or alternatively, seek amendments to the police fact sheets or documents.
2. At the hearing/trial, Rep-Revive Criminal Lawyers® shall if you so instruct Plead Not Guilty and drive the argument based on prosecution’s inability to prove the elements of their accusation.
3. Alternatively, Rep-Revive Criminal Lawyers® may plead guilty on your instructions however, the hearing shall revolve around the facts with an objective to obtain a moderate or minimum punishment.
4. Lastly, Rep-Revive Criminal Lawyers® on your instructions enter a plea of guilt where you accept all the charges pressed by the police, but we present a case so solid on your behalf, with an objective to persuade and convince the Court to not record a criminal conviction against you.

For further information on your choices at law click on (CHOICES AT LAW tab on our website)

 

WHY REP-REVIVE CRIMINAL LAWYERS®

There are several reasons to engage Rep-Revive Criminal Lawyers®:

•  We are always in your corner

At Rep-Revive Criminal Lawyers® we understand the gravity of a criminal charge on your reputation. Thus, we work with the utmost diligence and fervour to restore any dints to our client’s repute. We fight for your rights and liberty earnestly, and for the best results, irrespective of the intensity of the matter. All these factors have made us known in the industry as always being in our client’s corner. 

•  We bring about excellent results

Rep-Revive Criminal Lawyers® is driven by positive outcomes and defend your case with skills which have been sharpened by years of experience. You will be dealing with lawyers who are proficient at their craft and will defend your case with rigour and an aim to have the matter withdrawn, downgraded, dismissed or the minimal penalty available at law imposed.

Rep-Revive Criminal Lawyers® are adept in all forms of advocacy and will present your case in the most skilful manner in Court. 

• Your case will be in the hands of an experienced lawyer

Irrespective of your decision in deciding the course of the case, you will be supported and guided by Rep-Revive Criminal Lawyers® who have been in the provision of legal service for over 21 years. 

If you are charged with an offence, our team at Rep-Revive Criminal Lawyers® are best suited for representing your case.

Please contact our office on 0419 998 398 or 0492 857 721 or email info@rpr5.sydney for more information. The first consultation is free.