Driving a Motor Vehicle When Directed to Stop by Police

Police Interview

When it comes to traffic matters, Police have broad investigative powers. For example they can compel the owner of the car to tell them who was driving at the time of the alleged offence. If the owner ignores this request, they can lose their driver’s licence for 2 years.

If the Police interview you about an allegation of Driving a Motor Vehicle When Directed to Stop by Police, it is because they suspect you were the driver of the car. It is important that you do not say anything during the interview which prohibits you from contesting the charge later on in Court.

Get some expert legal advice from one of our experienced team of traffic lawyers before you speak with the Police. That one phone call can be the difference between you harming your case and an acquittal.

Pleading Not Guilty

You may dispute an allegation of Driving a Motor Vehicle When Directed to Stop by Police because, you were no the driver, or the Police did not direct you to stop, or it was unclear that they were directing you stop. Whatever your defence is, you want a committed defence lawyer who is going to prepare your case to increase your prospects of success.

Our lawyers will develop a case strategy for you and advise you of each stage of the Court process so you are informed.

Pleading Guilty

If you decide to plead guilty to Driving a Motor Vehicle When Directed to Stop by Police, our lawyers will prepare a plea strategy for you to get the best possible outcome. A good outcome is achieved through the preparation done before Court.

Sentencing

Sentencing in the higher courts of VictoriaSentencing in the Magistrates’ Courts of Victoria

Examples of Driving a Motor Vehicle When Directed to Stop by Police

• A woman is speeding and the Police ask her to pull over. Instead of pulling over she continues to drive.
• A man is pulled over for a random drink driving test. He tries to turn around and drive away from the Police.

Defences

• You did not continue to drive
• You did not know the Police were directing you to stop
• You drove until it was safe to pull over

There are other possible defences, depending on the circumstances surrounding the alleged offending. Each matter is unique and requires an individual approach and strategy.

Questions that are asked in cases like this:

• Can they prove that you continued to drive when the Police asked you to pull over?
• Did you have a good reason to continue driving?

Maximum penalty and court that deals with this charge

If found guilty of Driving a Motor Vehicle When Directed to Stop by Police (s64A of the Road Safety Act 1986), you must lose your license for a minimum of 6 months.

There is a maximum penalty of 6 months imprisonment and/or a fine of 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 imprisonment and/or a fine of 120 penalty units.

This charge regularly heard in the Magistrates’ Court.

Legislation

The section that covers this offence is section 64A of the Road Safety Act 1986.

What is the legal definition of Drive While Impaired By Drugs?

Continuing to drive a motor vehicle knowing that the Police have directed you to stop.

“Did you stop when the Police asked you to?”

Other Important Resources

• FindLaw: Driving a Motor Vehicle When Directed to Stop By Police
• CriminalLawyers: The Charge of Driving a Motor Vehicle When Directed to Stop by Police

Case Studies

• Evading Police and Other Traffic Offences – Withdrawn, Fine, No Order Against Licence
• Sentence Appeal for Breach of a Suspended Sentence