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Refuse to stop

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Written by
Paul McClure
Criminal Defence Lawyer

Contact Paul McClure 

03 9670 5111


Driving - Other Traffic Offences - VIC
The Law - Refuse to stop

What the Law states - Refuse to stop


Road Safety Act 1986 - SECT 49

Offences involving alcohol or other drugs

49. Offences involving alcohol or other drugs

(1) A person is guilty of an offence if he or she-
(d) refuses or fails to comply with a request or signal to stop a motor vehicle, and remain stopped, given under section 54(3);

Maximum Penalty for the charge of Refuse to stop


First offence: 12 penalty units

Second offence: 12 months / 120 penalty units

Subsequent offence: 18 months / 180 penalty units

What the Prosecution must prove - Refuse to stop


1. A request or signal to stop the motor (and remain stationary) vehicle was made.

2. The person refused or failed to comply with this request or signal.

Possible Defences - Refuse to stop


1. Factual dispute.

2. Lack of intent

Which court will hear the charge of Refuse to stop



Magistrates' Court.
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