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Driving a Motor Vehicle When Directed to Stop by Police

Driving a Motor Vehicle When Directed to Stop by Police

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It is an offence to continue driving if the Police have asked you to stop. This often happens when people are flagged down at booze buses and panic because they know they have been drink driving.
 
Sentencing

Sentencing in the higher courts of VictoriaSentencing Statistics Pie Chart for Fail to Stop Vehicle on Police Request in the Higher CourtsSentencing in the Magistrates’ Courts of VictoriaSentencing Statistics Pie Chart for Fail to Stop Vehicle on Police Request in the Magistrates' CourtsPlease note that suspended sentences were abolished in Victoria for all offences committed on or after 1 September 2014.


[1] Sentencing Advisory Council. Abolished Sentencing Orders, accessed February 4, 2021, https://www.sentencingcouncil.vic.gov.au/about-sentencing/abolished-sentencing-orders.

  • 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.

  • 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.

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?”

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