Having read the news in the Daily Express about the Sarah Kennedy driving ban, I could not help but think about what she should have done and what advice I would have given as a Diving Offence Solicitor.
The main issue here is failing to stop or report an incident after it occurs. In the case of Sarah Kennedy, she did briefly stop after colliding with a parked vehicle and offered to give her phone number.
However it was reported that she fled the scene when the other party said they were going to call the police.
The story itself doesn’t say she was convicted of failing to stop, possibly because the drink driving conviction is more onerous. One should bear in mind that after any sort of road traffic accident, the driver has a duty to stop and report the accident either by exchanging details with the other party or reporting it to the police. Failure to do so could carry a penalty as serious as a custodial sentence.
Incidentally and for completeness, Ms Kennedy states that the incident occurred whilst sneezing at the wheel. This clearly did not account to a defence in this case due to the presence of alcohol.
With the absence of the presence of alcohol, this could have been a very relevant factor either as a special reason or as a defence of non-insane automatism. But that’s a different story for another day.
What You Should Do after a Road Traffic Accident
1. Exchange details or report the incident to the Police as soon as possible and certainly within 24 hours.
2. Co-operate with the Police and if there is a request to provide a breath specimen you should do so. Failing to provide a specimen is a criminal offence in itself.
3. Seek legal advice from a driving offence Solicitor, make sure you get it straight away. With my clients I will outline all the options and can assist them through the complete process. This can help with any future issues which may arise as a result.
Being accused of a driving offence can be very stressful and there are many driving defences which you may not be aware of.
Slater and Gordon Lawyers have a 93% positive result rate defending traffic offences. For a free consultation call our Driving Offence Solicitors on freephone 0808 175 7998 or contact us online and we will call you.
Slater and Gordon have offices in London, Manchester, Liverpool, Birmingham, Sheffield, Halifax, Milton Keynes, Bristol, Cambridge, Edinburgh, Cardiff, Halifax, Newcastle, Wakefield & meeting rooms in Bramhall, Cheshire.