Leaving the scene of a vehicle accident

I was on a bicycle. Do I still have to stop?

Yes. Some other road users must follow this law. This includes cyclists, motor scooters and horse-drawn vehicles. It even includes people using motorised wheelchairs if they can move faster than 10 km/hour.

It is an offence to leave the scene of a vehicle accident

If you leave the scene of an accident, the police can charge you with the following offences:

• failing to stop after an accident
• failing to render assistance (help people)
• failing to exchange (swap) names and addresses
• failing to report an accident to a police station if nobody else is at the accident.

If someone was seriously hurt or died

If you caused the accident and left the scene, but someone was seriously hurt or died because of the accident, the police could charge you with an indictable offence. This is very serious. You could go to jail for up to ten years or get a big fine. Get legal help.

The information below does not apply to these indictable offences.

Going to court

For more information about how to prepare for the court hearing see Going to court for traffic offences.

Help before court

If you have a future court date, you may be eligible to get help to prepare before you go to court. You can request help online.

What does the prosecution have to prove?

Whether you are guilty depends on the exact facts and circumstances of your case. Look at the ‘Details of the charge’ in your charge sheet to see what the police officer wrote about your offence. The magistrate refers to this in the courtroom.

When the charges against you are heard in court, the prosecution must prove all of the following:

• you were driving
• there was an accident
• if there was damage or an injury, you failed to stop, help or swap names and addresses.

What are my options at court?

Admit to the charges and ask for diversion

Getting diversion means your case is treated differently. It is normally for less serious cases. You must agree to certain conditions. You do not get a criminal record.

To get diversion you must admit that you broke the law. This includes everything the informant says in the statement of alleged facts. This means you tell the magistrate that you know you broke the law but you would like diversion. If you are not given a diversion recommendation, you can ask to adjourn the case.

The police prosecutor and magistrate are more likely to grant diversion if there was little or no property damage.

For more information see Going to court for traffic offences.

Plead guilty

If you agree that you broke the law, you should tell the court that you are pleading guilty. During the court hearing, the prosecutor will read out the statement of alleged facts. The magistrate will find you guilty and give you a penalty.

If you plead guilty the magistrate treats this as a sign that you are co-operating and may give you a less severe penalty.

For more information visit our page Going to court – pleading guilty.

Plead not guilty

If you believe that you did not break the law, or you disagree with what is in the statement of alleged facts, you must tell the prosecutor before your court date that you plan to plead not guilty. They will hold a summary case conference with you before your case is heard in court. If you still want to plead not guilty after the conference, tell the magistrate. The magistrate will adjourn (put off) your case for another day.

You will come back to court for a contested hearing. When you come back the magistrate listens to evidence from you and the police before making a decision. You should have a defence. Saying that you did not know you were breaking the law is not a good enough defence.

If you are pleading not guilty, get legal advice before the contested hearing.For more information visit our page Going to court - pleading not guilty.

Possible defences

It is a defence if you did not know that there was an accident.

Can I adjourn today’s hearing?

You can ask the magistrate to adjourn (to put off) your case if you have a good reason. For example, to ask police about diversion or get a lawyer.

If you have not adjourned your case before and you are on summons, you may be able to get an adjournment without going into the courtroom. When you arrive at court, go to the counter and tell the staff you want an adjournment.

What are the penalties if I am found guilty?

Fines

The magistrate may give you a fine. You can get:

• five penalty units if this was your first time leaving the scene of an accident
• ten penalty units if you have left the scene of an
  accident before.

You should tell the magistrate about your income and things you have to pay for, and whether you support a family.

If you get a fine you can pay it straight away at court. If you do not pay the fine straight away, Fines Victoria will send you a Court fine collection statement. This will tell you how much you owe and when the fine is due.

You can ask Fines Victoria for a payment plan if you cannot afford to pay the fine in one payment.

If you do not pay the fine when it is due, Fines Victoria may increase the fine. The court can issue a warrant for your arrest.

Losing your licence

For any one of these offences, the magistrate will usually suspend your licence for one to six months. You should not drive at all during this time. There are no exceptions. For example, you cannot drive to work or to pick up your children. There are no special licences that let you drive some of the time. There are very serious penalties for driving when you are not supposed to.

Jail

The magistrate may send you to jail for

• 14 days if this was your first time leaving the scene of
  an accident
• one month if you have left the scene of an
  accident before.

What else might happen if I am found guilty?

Compensation

The magistrate can make you pay for any damage caused to the other person’s property.

Criminal record

What happens in court goes into your criminal record. This includes:

• the finding of guilt
• a conviction, if there is one
• penalties.

The court and the police can see your criminal record. Sometimes they can let other people know what is in your criminal record. A criminal record, especially with convictions, may make it harder for you to get some jobs or get visas to some countries.

See Possible outcomes for traffic offences for more information about penalties and other outcomes.

Can I appeal the magistrate’s decision?

Yes. If you do not agree with the decision you can appeal to the County Court. You have 28 days to do this. Get legal advice before you decide. You could get a higher penalty.

Other support

For more information, support and referrals, visit:

• Help at court
• Other support for going to court
• Other support for traffic offences
• Other support for fines and infringements.