Driving a Motor Vehicle When Directed to Stop by Police
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Sentencing
Sentencing in the higher courts of VictoriaSentencing in the Magistrates’ Courts of Victoria
[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
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.
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