Author: Ophelia Hollway
Practice area: Driving Offences
Ophelia is a Senior Associate and LIV Accredited Criminal Law Specialist at Doogue + George, appearing regularly as a solicitor advocate across Victorian courts and having practised exclusively in criminal law since admission. Her depth of experience in this area means clients receive accurate, considered advice.
View full profile →Ophelia authored this content and last revised it for accuracy on 5th August 2026.
What is the offence of Driving a Motor Vehicle When Directed to Stop by Police?
This Victorian offence applies where a driver fails to stop their vehicle after being lawfully directed to do so by police. It is a criminal traffic offence under section 64A of the Road Safety Act 1986 (Vic) and carries serious consequences, including mandatory licence loss and potential imprisonment.
Key points
- What must be proved: The driver continued to drive knowing police had directed them to stop
- Type of conduct: Failing to pull over or driving away after being directed to stop by police
- Usual court level: Magistrates’ Court
The maximum penalty for Driving a Motor Vehicle When Directed to Stop by Police is For a first offence, up to 6 months imprisonment and/or a fine of 60 penalty units ($12,546.00 — as at 2026–27). For a subsequent offence, up to 12 months imprisonment and/or a fine of 120 penalty units ($25,092.00 — as at 2026–27).
Common defences may include lack of awareness of the police direction, not continuing to drive, or driving only until it was safe to stop.
Have you been accused of this offence? You will have important questions about your case that you will want answered. We have experienced traffic lawyers who are experienced in defending people charged with this criminal behaviour.
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 this charge because, you were not 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 Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Road Safety Act 1986 (Vic) s 64A(1) — 119 charges, higher courts, 1 July 2019 – 30 June 2024.
| Sentencing outcome | % |
|---|---|
| Imprisonment | 84.9% |
| Fine | 5.0% |
| Youth Justice Centre Order | 4.2% |
| Community Correction Order | 3.4% |
| Other | 2.5% |
These statistics indicate that once a matter proceeds to a higher court, a custodial sentence is highly likely, reflecting the seriousness of the offending at that level.
Sentencing in the Magistrates’ Courts of Victoria
Source: Sentencing Advisory Council of Victoria (SACStat), Road Safety Act 1986 (Vic) s 64A(1) — 2,819 charges across 2,416 cases, Magistrates’ Court, 1 July 2020 – 30 June 2023.
| Sentencing outcome | % |
|---|---|
| Fine | 31.2% |
| Imprisonment | 38.8% |
| Community Correction Order | 18.0% |
| Adjourned Undertaking | 8.9% |
| Other | 2.3% |
| Discharge/Dismissal | 0.8% |
These figures show a significant risk of custody, although a substantial number of matters are resolved with financial or community-based penalties depending on the circumstances.
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 ($12,546.00 — as at 2026–27) 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 ($25,092.00 — as at 2026–27).
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
