What the Law states - Driving a motor vehicle when directed to stop by police
Road Safety Act 1986 - SECT 64A
Driving a motor vehicle when directed to stop by police64A. Driving a motor vehicle when directed to stop by police
(1) A person must not drive a motor vehicle if-
(a) he or she knows that he or she has been given a direction to stop; or
(b) he or she ought reasonably to know that he or she has been given a direction to stop.
(5) In this section direction to stop means any action taken by a member of the police force to indicate to a driver of a motor vehicle that he or she must stop the motor vehicle, including but not limited to the following-
(a) the giving of hand signals or the display of signs by the member of the police force;
(b) the-
(i) flashing of headlights of; or
(ii) use of red and blue flashing lights on; or
(iii) sounding of an alarm, siren or other warning device from- a motor vehicle that is being driven by a member of the police force in the course of his or her duties as a member of the police force.
Maximum Penalty for the charge of Driving a motor vehicle when directed to stop by police
First offence: 6 months / 60 penalty units
Subsequent offence: 12 months / 120 penalty units
The court must if the offender holds a driver licence or permit, cancel the licence or permit; and whether or not the offender holds a driver licence or permit, disqualify the offender from obtaining one for such time as the court thinks fit (not being less than 6 months).
What the Prosecution must prove - Driving a motor vehicle when directed to stop by police
1. The person knows or ought reasonably to know that he/she has been given a direction to stop by police.
2. The person continued to drive
Street names for Driving a motor vehicle when directed to stop by police
Fail to stop when directed
Possible Defences - Driving a motor vehicle when directed to stop by police
1. Factual dispute.
2. Person who is driving a motor vehicle stops the motor vehicle as soon as practicable after being given a direction to stop.
Which court will hear the charge of Driving a motor vehicle when directed to stop by police
Magistrates' Court.
