Leaving the scene of an accident in Victoria

Melbourne Criminal Lawyers for leaving the scene of an accident charges | Traffic Lawyers for Leaving the Scene of an Accident offence| Balot Reilly Criminal Lawyers
Melbourne office: 462 William St Melbourne West VIC 3003
T: 03 9326 6606
M: 0421 905 576
E: admin@balotreilly.com.au

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SECTION 61 ROAD SAFETY ACT 1986 (VIC): DUTY OF DRIVER ETC. OF MOTOR VEHICLE IF ACCIDENT OCCURS:
Section 61 Road Safety Act 1986 (Vic) states that 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 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 and, in the case of an automated vehicle, state whether it was operating in automated mode at the time of the accident— to any person who has been injured or to the owner of any property which has been damaged or destroyed; or to a person representing the injured person or the owner of the property; and must at the scene of the accident as soon as possible give those names and addresses and the other information required to any police officer who is present.

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WHAT IS THE OFFENCE OF LEAVING THE SCENE OF AN ACCIDENT IN VICTORIA?
Section 61 of the Road Safety Act 1986 makes it a criminal offence for drivers involved in a motor vehicle collision to leave the scene of an accident in Victoria. The law obliges drivers to stop and render assistance where people are injured or killed, to exchange driver licence details with other parties involved in the accident and if there is no one around, to report the accident to the nearest police station. A failure to do so in Victoria may result in the police charging the driver with a charge of leaving the scene of an accident (further legal discussion below). It is important to contact our best traffic lawyers in Melbourne for leaving the scene of an accident charge where a driver is involved in a motor vehicle accident and leaves the scene unlawfully.

Balot Reilly criminal Lawyers Melbourne can help you if you have had an accident and left the scene of the accident and/or failed to leave your details behind or left the scene without rendering assistance to seriously injured persons or without remaining at the scene until police arrive. There are many reasons why people leave the scene of an accident such as lack of knowledge of an accident, panic or shock, fear and anxiety and so on at the time of the accident. Whilst not all those factors are necessarily criminal defences to the charge of leaving the scene of an accident in Victoria, our experienced traffic lawyers in Melbourne can assist you to save your drivers licence, your criminal or driving record and your liberty in achieving the best possible realistic outcome in court. There are various categories of charges involving leaving the scene of an accident in Melbourne and throughout Victoria with different degrees of seriousness, however generally the following categories of offences cover most situations:

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 $826.10 and a maximum term of imprisonment of 14 days. If it's a second offence or more ('subsequent offence') the maximum penalty is approximately $1,652.20 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 $13,217.60 or to imprisonment for a maximum of 8 months and for a subsequent offence to a maximum penalty of approximately $39,652.80 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 $198,264. Balot Reilly traffic lawyers in Melbourne can assist you to defend those charges or minimise any penalty upon you to ensure that you receive the best possible outcome.

WHAT ARE THE CURRENT VICTORIAN LAWS FOR DRIVERS LEAVING THE SCENE OF AN ACCIDENT IN MELBOURNE?.
Section 61 of the Road Safety Act 1986 makes it a criminal offence for drivers involved in motor vehicle collisions to leave the scene of an accident in Victoria. The Road Safety Act 1986 deals with road traffic offences and driving offences in Victoria. The following are the current laws governing the offence of leaving the scene of an accident in Victoria:

ROAD SAFETY ACT 1986 – SECTION 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

(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

(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

(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).

(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).

(4) If—
(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 DRIVERS 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—

(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

(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 help line 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 ?