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 6 August 2026.
What is the offence of Refuse to Stop?
Refuse to Stop is a traffic offence under section 64A of the Road Safety Act 1986 (Vic). It concerns a driver who continues driving after being lawfully signalled or directed by police to pull over and remain stationary, typically arising during roadside enforcement situations.
Key points
- Police Signal: A request or signal to stop and remain stationary must have been made.
- Failure to Comply: The driver must have refused or failed to stop as directed.
- Court Level: Commonly dealt with in the Magistrates’ Court.
The maximum penalty for Refuse to Stop is 12 penalty units ($2,509.20 as at 2026–27) (first offence); 12 months’ imprisonment and/or 120 penalty units ($25,092.00 as at 2026–27) (second offence); 18 months’ imprisonment and/or 180 penalty units ($37,638.00 as at 2026–27) (subsequent offence).
Common defences may include factual dispute and lack of intent.
Have you been accused of Refuse to Stop? One of our experienced traffic lawyers can answer your important questions such as:
- What happens if I plead guilty?
- Can I contest this charge?
- Will I lose my driver’s licence if I plead guilty?
You must receive some guidance on how to proceed with your case.
Police Interview
It is worth remembering that the police will only interview you if they suspect you Refused to Stop after receiving a police direction. The main purpose of the police is to get admissions from you about what you saw and heard. In a case like this, the police will try to establish that you heard or saw their signal to stop, but continued to drive. You must speak with one of our lawyers before you answer their questions so you can receive some information on the questions you must answer and they ones you don’t have an obligation to answer.
Police officers are experienced in asking questions in a way to make you seem as though you are not telling the truth. Do not go into the interview without understanding how the process works.
Pleading Not Guilty
One of our lawyers is here to help if you decide to contest an allegation of Refusing to Stop. Our lawyers approach their job proactively and will look for evidence that may show the police are wrong. Our lawyers will:
- Look for CCTV footage,
- Ask police for dash cam footage,
- Try to find people who may have witnessed the incident.
This information can result in the prosecutors withdrawing this charge or a Magistrate not being satisfied beyond reasonable doubt that you are guilty.
Pleading Guilty
Before you decide to plead guilty to Refusing to Stop, one of our lawyers will advise you of the possible consequences so that you know what you are agreeing to. The benefit of engaging one of our lawyers to represent you, is that our lawyers have years of experience representing people in Court. Our lawyers know what material will help reduce the penalty you receive.
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% |
| Other | 2.5% |
| Community Correction Order | 3.4% |
These statistics indicate a very strong likelihood of imprisonment when this offence is dealt with in the higher courts. The distribution of outcomes reflects the seriousness with which courts treat conduct involving failure to stop when directed by police, although the final sentence will depend on the particular circumstances of the case.
Sentencing in the Magistrates’ Court 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 | % |
|---|---|
| Imprisonment | 38.8% |
| Fine | 31.2% |
| Community Correction Order | 18.0% |
| Adjourned Undertaking | 8.9% |
| Other | 2.3% |
| Discharge/Dismissal | 0.8% |
These figures indicate that imprisonment is a real possibility, but not inevitable. Courts also frequently impose fines or community-based penalties, depending on the seriousness of the conduct, whether the driver attempted to evade police and the individual circumstances of the offender.
Which court will the case be heard in?
The offence of refusing to stop is the sort of charge regularly heard in the Magistrates’ Court.
Examples of Refuse to Stop
- Police are conducting alcohol and drug testing and signal to a bus driver to stop, but they do not.
- A policeman is conducting a mobile alcohol test in a backstreet and signals to a driver to stop, but they do not.
What is the legal definition of Refuse to Stop?
- A person is guilty of an offence if he or she—
- refuses or fails to comply with a request or signal to stop a motor vehicle, and remain stopped, given under section 54(3); or
Have you been accused of failing to stop?
Legislation
The legislation for this offence can be found on section 49(1)(D) of Road Safety Act 1986.
Elements of the offence
In essence to prove this charge the Police must show that a request or signal to stop the motor vehicle and remain stationary was made of the accused and the accused refused or failed to comply with this request or signal.
What are some of the possible defences to Refuse to Stop?
Defences to this can include a factual dispute, or lack of intent.
You should ring us and discuss your case if you have been charged. Deciding on whether to plead guilty or not has important implications for you and should be made after proper discussions with a criminal lawyer.
Questions in cases like this
- Was the policeman uniformed?
- Where you asked to stop?
- Could you stop your car in a reasonable time and safe circumstances?
Maximum penalty for section 49(1)(d) of the Road Safety Act 1986
There is a maximum penalty of 12 penalty units ($2,509.20 as at 2026–27) for anyone found guilty of Refuse to Stop (s49(1)(d) of the Road Safety Act 1986) a first offence, 12 months imprisonment and/or 120 penalty units ($25,092.00 as at 2026–27) as a second offence and 18 months imprisonment and/or 180 penalty units ($37,638.00 as at 2026–27) as a subsequent offence.
Case studies related to Refuse to Stop
- Minimum Disqualification Periods for Drink Driving and Dangerous Driving Offences
- Property, Causing Injury, and Driving Offences
- Evading Police and Other Traffic Offences – Withdrawn, Fine, No Order Against Licence
