Refuse to Stop

The offence of refusing to stop is the sort of charge regularly heard in the Magistrates Court.

There is a maximum penalty of 12 penalty units for anyone found guilty of this offence as a first offence, 12 months imprisonment and/or 120 penalty units as a second offence and 18 months imprisonment and/or 180 penalty units as a subsequent offence. There is also a mandatory licence disqualification period of 2 years for a first offence and 4 years for a second offence.

This charge is generally laid in situations where a person refuses or fails to comply with a request or signal to stop a motor vehicle and remained stopped.

In essence to prove this charge the Police must show that a request or signal to stop the motor vehicle and remain stationary was made of the accused and the accused refused or failed to comply with this request or signal.

Defences to this can include a factual dispute, or lack of intent.

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 49(1)(d) of the Road Safety Act 1986.

Possible Defences

  • Claim of Right
  • Mental Impairment
  • Consent
  • Duress
  • Self Defence
  • Honest and Reasonable Mistake of Belief
  • Necessity
  • Impossibility
  • Lack of Intent
  • Charges are Statute Barred
  • Intoxication
  • Sudden or Extraordinary Emergency
  • Factual Dispute/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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