Failing to stop and assist after an impact, causing injury, is a serious offence in NSW. These charges are often laid in high-stress situations in which a driver panics or fails to fully understand their legal obligations at the scene. However, the consequences can be severe, including imprisonment, licence disqualification and a criminal record.
Under Section 146 of the Road Transport Act 2013, a driver involved in a motor vehicle accident must stop and provide assistance if the accident results in injury to another person. You have the obligation to:
- Stop at the scene of the incident.
- Provide assistance to the injured person/s.
- Report the accident as soon as possible.
Penalties for failure to stop and assist that causes injury
In New South Wales, failing to stop and assist is a criminal offence and carries a potential sentence of imprisonment. The offence carries a maximum penalty of $3,300, 18 months’ imprisonment, or both for a first offence.
If a person commits a second or subsequent offence within five years, the maximum penalty increases to $5,500 units, 2 years’ imprisonment, or both.
What must the police prove?
The police must prove each of these elements beyond a reasonable doubt:
- You were the person driving the car,
- You knew or should have known that another person was injured and failed to stop your vehicle or stopped your vehicle but did not provide adequate assistance,
- There was an impact causing injury,
Possible defences for failing to stop and assist
Some potential defences that can be used include:
- That you were not the driver at the time of the incident,
- You did not know about the impact,
- You stopped your car and did everything in your power and knowledge to assist the injured person,
- You could not have reasonably stopped under the circumstances, such as by putting yourself or others in danger.
Do I need references if pleading guilty to failing to stop and assist?
We believe references are an extremely important part of a plea in court. Find out more about how to write a good reference.
Why choose the Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best possible outcome for failing to stop and assist offences, including no convictions. For these offences, a good lawyer can be the difference between a conviction and no criminal record, losing your licence or keeping it and freedom or jail.
To discuss your failing to stop and assist after impact charge, call the Australian Criminal Law Group at our Sydney, Parramatta and Blacktown offices or make a website inquiry today.
Contact us now.