What the Law states - Refuse to stop
Road Safety Act 1986 - SECT 49
Offences involving alcohol or other drugs49. Offences involving alcohol or other drugs
(1) A person is guilty of an offence if he or she-
(d) refuses or fails to comply with a request or signal to stop a motor vehicle, and remain stopped, given under section 54(3);
Maximum Penalty for the charge of Refuse to stop
First offence: 12 penalty units
Second offence: 12 months / 120 penalty units
Subsequent offence: 18 months / 180 penalty units
What the Prosecution must prove - Refuse to stop
1. A request or signal to stop the motor (and remain stationary) vehicle was made.
2. The person refused or failed to comply with this request or signal.
Possible Defences - Refuse to stop
1. Factual dispute.
2. Lack of intent
Which court will hear the charge of Refuse to stop
Magistrates' Court.
