LEAVING SCENE OF AN ACCIDENT

Melbourne Criminal Lawyers Balot Reilly
462 William St Melbourne West VIC 3003

It is important to contact our best criminal lawyers in Melbourne for leaving the scene of an accident charges, if you have been involved in an accident.
In Australia It is an offence to leave the scene of a vehicle accident as the Law says that if you are involved in such an accident, you must stop and render assistance, exchange details with parties involved in the accident and if there is no one around report the accident to the police. A failure to do so may result in the police charging you.

Balot Reilly criminal Lawyers can help you if you have an accident and you leave the scene of the accident and/or leave your details behind or leave without rendering assistance or without remaining until police arrive. There are many reasons that people leave the scene such as lack of knowledge, panic or shock, fear and anxiety etc. at the time of the accident. There are generally the following offences:

Leaving the scene of an accident where no injury occurs
The charge of leaving the scene of an accident carries a maximum fine of approximately $500 and a maximum term of imprisonment of 14 days. If it's a second offence or more ('subsequent offence') the maximum penalty is approximately $1000 or imprisonment for a term of not less than 14 days and not more than 1 month.

Leaving the scene of an accident if a person is injured
If however a person is injured the penalties increase for a first offence to a penalty of approximately $8,000 or to imprisonment for a maximum of 8 months and for a subsequent offence to a maximum penalty of approximately $24,000 penalty or a minimum mandatory term of imprisonment of 4 months and not more than 2 years.

Leaving the scene of an accident if a person is seriously injured or killed
If a person is seriously injured or killed the maximum penalty is far more serious and a minimum mandatory disqualification of drivers licence of 4 years applies to a first offence and it's considered to be an indictable offence punishable by a maximum of 10 years imprisonment and a maximum fine in excess of $120,000. Balot Reilly Lawyers can assist you to defend those charges and to ensure that you receive the best possible outcome.

The following is the current state of the law in the state of Victoria
ROAD SAFETY ACT 986 – SECT 61
Duty of driver etc. of motor vehicle if accident occurs
(1) If owing to the presence of a motor vehicle an accident occurs whereby any person is injured or any property (including any animal) is damaged or destroyed, the driver of the motor vehicle—

(a) must immediately stop the motor vehicle; and

(b) must immediately render such assistance as he or she can; and

(c) must at the scene of the accident as soon as possible give his or her name and address and also the name and address of the owner of the motor vehicle and the identifying number of the motor vehicle—

(i) to any person who has been injured or to the owner of any property which has been damaged or destroyed; or

(ii) to a person representing the injured person or the owner of the property; and

S. 61(1)(d) amended by No. 37/2014 s. 10(Sch. item 147.19).

(d) must at the scene of the accident as soon as possible give those names and addresses to any police officer who is present; and

S. 61(1)(e) amended by No. 37/2014 s. 10(Sch. item 147.19).

(e) if any person is injured and no police officer is present at the scene of the accident, must as soon as possible report in person full particulars of the accident at the police station that is most accessible from the scene of the accident if that station is open and, if it is not open, at the next most accessible station; and

S. 61(1)(f) amended by No. 37/2014 s. 10(Sch. item 147.19).

(f) if any property is damaged or destroyed and neither the owner of the property nor any person representing the owner nor any police officer is present at the scene of the accident, must as soon as possible report in person full particulars of the accident at the police station that is most accessible from the scene of the accident if that station is open and, if it is not open, at the next most accessible station.

(2) If a motor vehicle which has been left standing on a highway moves of its own accord from the position in which it was left and is involved in an accident whereby any person is injured or any property (including any animal) is damaged or destroyed, the person who left the motor vehicle so standing must as soon as possible after becoming aware of the accident comply as far as the circumstances permit with the requirements of subsection (1).

S. 61(3) substituted by No. 24/2005 s. 5(1).

(3) If—

(a) as a result of an accident involving a motor vehicle a person is killed or suffers serious injury; and

(b) the driver of the motor vehicle knows or ought reasonably to have known that the accident had occurred and had resulted in a person being killed or suffering serious injury; and

(c) the driver of the motor vehicle does not comply with the requirements of paragraph (a) or (b) of subsection (1)in relation to the accident—

the driver is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum) or a level 5 fine (1200 penalty units maximum).

S. 61(4) amended by No. 24/2005 s. 5(3)(a)–(d).

(4) If—

S. 61(4)(a) amended by No. 24/2005 s. 5(2).

(a) as a result of the accident a person is killed or suffers serious injury then a person who contravenes paragraph (c), (d) or (e) of subsection (1) is guilty of an offence; or

(b) as a result of the accident a person is otherwise injured then a person who contravenes any provision of this section is guilty of an offence—

and liable for a first offence to a penalty of not more than 80 penalty units or to imprisonment for a term of not more than 8 months and for a subsequent offence to a penalty of not more than 240 penalty units or to imprisonment for a term of not less than 4 months and not more than 2 years.

(5) If no person is killed or suffers injury as a result of the accident then a person who contravenes any provision of this section is guilty of an offence and liable for a first offence to a penalty of not more than 5 penalty units or to imprisonment for a term of not more than 14 days and for a subsequent offence to a penalty of not more than 10 penalty units or to imprisonment for a term of not less than 14 days and not more than 1 month.

S. 61(6) amended by Nos 19/1991 s. 13(2)(a)(b), 24/2005 s. 5(4)(a)(b).
(6) On conviction of a person for, or finding a person guilty of, an offence against this section, if a person is killed or suffers serious injury as a result of the accident, the court must cancel all driver licences and permits held by the convicted person and, whether or not that person holds a driver licence, disqualify him or her from obtaining one for—

S. 61(6)(a) inserted by No. 24/2005 s. 5(4)(b).

(a) in the case of a first offence, at least 4 years if a conviction is recorded and at least 2 years in any other case; and

S. 61(6)(b) inserted by No. 24/2005 s. 5(4)(b).

(b) in the case of a subsequent offence, at least 8 years if a conviction is recorded and at least 4 years in any other case.

WHAT TO DO WHEN YOU'RE IN COURT AND YOU NEED HELP FROM THE BEST CRIMINAL LAWYER IN MELBOURNE?

It's never too late contact an expert criminal lawyer for charges of leaving the scene of an accident from Balot Reilly to immediately assist you in court and to fight for you. You can contact our office on 03 9326 6606 or our 24/7 emergency hotline 0421 905 576.

WHAT TO DO WHEN YOU'RE IN COURT AND YOU'RE UNHAPPY WITH YOUR CRIMINAL LAWYER FOR CHARGES OF LEAVING THE SCENE OF AN ACCIDENT ?

  • If you are legally represented you need to communicate your concerns to your current lawyer and
  • Ask the presiding Magistrate, Judge, Member or any other person presiding for an adjournment to engage new legal representation and
  • Contact Balot Reilly expert criminal lawyers for charges of leaving the scene of an accident from Melbourne if you want great legal representation in court.
    It's never too late to call Balot Reilly criminal lawyers to represent you in drug charges, in all Victorian and Australian courts to fight for your rights, restore your confidence and peace of mind and achieve the best possible outcome in court for your unique legal situation.

    Melbourne criminal lawyers for leaving the scene of an accident charges Balot Reilly
    462 William Street Melbourne West, Victoria 3003

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