Driving a Motor Vehicle When Directed to Stop by Police

– section 64A of the Road Safety Act 1986

drive while impaired by drugs

 

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.

Examples of Drive While Impaired By Drugs
  • 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.
What are some of the possible defences to a Drive While Impaired By Drugs charge?
  • 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 this charge, 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.

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

The Law

The section that covers this offence is section 64A of the Road Safety Act 1986.1

What can you be sentenced to for this charge?

For a first time offence you are likely to receive a fine or a Community Corrections Order for this offence. If you have been found guilty of this offence before you may get some months in prison.

Other Important Resources
Case Studies

 


[1] Road Safety Act 1986 – Section 64A

(1) A person must not drive a motor vehicle if—
(a) he or she knows that he or she has been given a direction to stop; or
(b) he or she ought reasonably to know that he or she has been given a direction to stop.
Penalty: For a first offence, 60 penalty units or imprisonment for 6 months or both;
For a subsequent offence, 120 penalty units or imprisonment for 12 months or both.
(2) Subsection (1) does not apply to a person who is driving a motor vehicle who stops the motor vehicle as soon as practicable after being given a direction to stop.
(3) On a person being found guilty of a first offence under subsection (1), the court must—
(a) if the offender holds a driver licence or learner permit, cancel the licence or permit; and
(b) whether or not the offender holds a driver licence or learner permit, disqualify the offender from obtaining one for such time as the court thinks fit, not being less than 6 months.
(4) On a person being found guilty of a subsequent offence under subsection (1), the court must—
(a) if the offender holds a driver licence or learner permit, cancel the licence or permit; and
(b) whether or not the offender holds a driver licence or learner permit, disqualify the offender from obtaining one for such time as the court thinks fit, not being less than 12 months.
(5) In this section “direction to stop” means any action taken by a police officer, or a protective services officer on duty at a designated place, to indicate to a driver of a motor vehicle that he or she must stop the motor vehicle, including but not limited to the following—
(a) the giving of hand signals or the display of signs by the police officer or protective services officer;
(b) the—
(i) flashing of headlights of; or
(ii) use of red and blue flashing lights on; or
(iii) sounding of an alarm, siren or other warning device from—
a motor vehicle that is being driven by a police officer in the course of his or her duties as a police officer.