Hit and Run

Smoggy

Where can I find information on what could happen to the driver under the law if they left the scene of a hit and run (hit a person) ? Is it a driving ban ? a fine ? jail time ? or is it all judged on a case by case basis ?

Thanks

Reloc8

There's a range of possible offences under Section 106 Road Traffic Act 1961 as amended applies. All of the outcomes you describe are possible and whether/how they are applied depends on the specifics of the case. Some of the Section 106 offences attract mandatory bans, some do not.

Hitting a person and leaving the scene would indicate an offence at the upper level of the range of offences and may also lead to a prosecution for careless driving, or dangerous driving (or dangerous driving causing death or serious injury) covered by Section 52 and Section 53 of the Road Traffic Act 1961.

There are amending provisions which deal with fines/sentence/bans but for present purposes its enough to know that :-

a) leaving the scene is viewed seriously
b) especially if a person has been struck by a vehicle
c) especially if that person has been injured.

edit : 106 is the correct section - I had referred to 109.

ILA

There are a range of provisions under the provisions of Section 106 of the Road Traffic Act, 1961 which can be accessed here: http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0106.html

As has been said, leaving the scene of an accident is regarded as a very serious offence and especially when there are person injured in the accident and in almost every case I can find it would result in a fine, long driving ban, and a high possibility of imprisonment.

Bosco boy

It would be a case by case basis, but it is a very serious offence and the courts would view it as so. The court/judge would take into account factors such as the injuries sustained by the person hit. Were they left injured on an isolated road with no help, the reasons the driver fled the scene i,e was alcohol or drugs a factor (person may admit to this in a statement), Did they have no insurance or were they already banned from driving. The chances are that some of those factors could be relevant in most cases where this happens. A person would be better off to face the music and do the decent thing or forever be looking over their shoulder. I think they would find that whatever the outcome is it would be better if they go to the gaurds than if the gaurds have to find them and bring them before the courts.

MagicSean

There is usually an accompanying charge under section 51,52 or 53 of the Road Traffic Act too.

Smoggy

Thanks for all the information.

squeky

I was involved in a hit and run and the driver got away very light (scott free actually) and left me seriously injured and 3 months ban and small fine!! not much justice!

Smoggy

I hope this doesn't happen in this case, i'm hoping for long term ban and a heavy fine - minimum.

squeky - Were you in your car or a pedestrian ?

PCPhoto

squeky .... you can take a civil action against the driver to receive compensation.

squeky

Smoggy wrote: »

I hope this doesn't happen in this case, i'm hoping for long term ban and a heavy fine - minimum.

squeky - Were you in your car or a pedestrian ?

I was in my own car smoggy.

squeky

PCPhoto wrote: »

squeky .... you can take a civil action against the driver to receive compensation.

Doing that PCphoto but still dosent stop me being angry and very upset at the justice of it all,

Smoggy

Update :

The person who did the hit and run has now asked the gaurds to pass on a letter to the victim. Does the acceptance of this letter alter the legal standing ?