Refuse to Stop
– section 49(1)(d) of the Road Safety Act 1986
This charge is generally laid in situations where a person refuses or fails to comply with a request or signal to stop a motor vehicle and remained stopped.
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.
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?
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.
Maximum penalty and court that deals with this charge
There is a maximum penalty of 12 penalty units for anyone found guilty of this offence as a first offence, 12 months imprisonment and/or 120 penalty units as a second offence and 18 months imprisonment and/or 180 penalty units as a subsequent offence. The offence of refusing to stop is the sort of charge regularly heard in the Magistrates’ Court.
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?”
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.
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- Evading Police and Other Traffic Offences – Withdrawn, Fine, No Order Against Licence