Driving a Motor Vehicle When Directed to Stop by Police

Driving a motor vehicle when directed to stop by police is a charge regularly heard in the Magistrates Court.

There is a maximum penalty of 6 months and/or 60 penalty units for anyone found guilty of driving a motor vehicle when directed to stop by police as a first offence. If it is a subsequent offence the maximum penalty is 12 months and/or 120 penalty units if a person is found guilty.

This charge is generally laid in situations where a person drives a motor vehicle knowing that they have been given a direction to stop by a member of the police force or reasonably should have known that they were being given a direction to stop. Often this happens when people are flagged down at booze buses and panick because they know they have been drink driving.

In essence to prove this charge the Police must prove that the accused continued to drive a motor vehicle whilst knowingly or having reasonably ought to have known that they had been given a direction to stop by a member of the police force.

Defences to this can be a factual dispute or where the person stopped the motor vehicle as soon as reasonably practicable after being given the direction to stop.

You should ring us and discuss your case if you have been charged.

Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.

This is legislation that comes from section 64A of the Road Safety Act 1986.

Possible Defences

  • Charges are Statute Barred
  • Sudden or Extraordinary Emergency
  • Factual Dispute and Concept of Beyond Reasonable Doubt

Penalties

  • Deferral of Sentencing
  • Diversion
  • Without Conviction Order
  • Adjournment of the Charges on Undertaking (Good Behaviour Bond)
  • Fine
  • Community Corrections Order
  • Suspended Prison Sentence
  • Term of Imprisonment

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