Fail to Stop and give Particular

Regulation 287 of the Road Rules 2014 (NSW) mandates that a driver involved in a crash must stop and provide their details at the scene to other involved parties, injured persons, property owners, and police officers if required. "Required particulars" include the driver’s name, address, vehicle owner’s details, registration number, and other identifying information. If a police officer requests details, the driver must also explain the accident circumstances.

Penalties

Failing to stop and provide particulars can result in fines up to $2,200 and/or a Conditional Release Order (CRO). Statistics show that 73% of offenders receive a fine for this charge.

Facts to be Proven

To secure a conviction, the prosecution must prove beyond a reasonable doubt that:

• An accident occurred.
• The defendant was the driver.
• The driver failed to stop or provide particulars to other involved parties.
• No valid defence exists.

Defences

Possible defences include:

• The defendant was not the driver at the time of the incident.
• An emergency situation prevented stopping, such as transporting an injured person needing immediate medical attention.
• Unsafe conditions prevented stopping, like a busy motorway or the other driver being under the influence.

Choices at Law

Houston Defence Lawyers offers several strategies for those charged with failing to stop and give particulars:

1. Negotiate with prosecutors to withdraw or downgrade the charge, or amend police fact sheets.
2. Plead not guilty and argue the prosecution's inability to prove their case.
3. Plead guilty and aim for a minimal punishment.
4. Plead guilty, accept the charges, and present a strong case to avoid a criminal conviction.

For more details on available legal options, visit the Choices at Law tab on our website.

Why Houston Defence Lawyers

We are dedicated to protecting clients' rights. They bring years of experience and expertise to defend cases vigorously, aiming for positive outcomes such as charge withdrawal, downgrading, dismissal, or minimal penalties. With a skilled team in advocacy who provides strong support and guidance throughout the legal process. The first consultation is free.