Our expert criminal lawyers for failing to stop and assist after an impact that causes injury can help you:
- Obtain bail.
- Be found not guilty.
- Receive a lenient sentence, like no conviction and no prison.
You will be represented by a team of award-winning criminal lawyers, with 500+ five-star Google reviews, who offer fixed fees and free first consultations.
You can read our reviews here.
Failing to stop and assist after an impact that causes injury
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?
We believe references are an extremely important part of a plea of guilty in court. Read about court processes and how to write a good character reference.
Contact Australian Criminal Law Group
Our criminal lawyers, with 500+ five-star Google reviews, can beat a failing to stop and assist after an impact that causes injury charge or obtain a lenient sentence for you if you plead guilty.
Call us on (02) 8815 8167 for your free first conference or submit a website enquiry.