Driving a Motor Vehicle When Directed to Stop by Police
– section 64A of the Road Safety Act 1986
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.
- 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 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.
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
- Traffic Lawyers Melbourne: Driving a motor vehicle when directed to stop by police
- 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- Evading Police and Other Traffic Offences – Withdrawn, Fine, No Order Against Licence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
