Call our lawyers
now
or,
have our lawyers
call you
Failing to Stop for Police in Victoria
Updated on Oct 31, 2022 • 4 min read • 355 views • Copy Link
Failing to Stop for Police in Victoria
The Traffic laws in Victoria are taken very seriously and any infringement of the law will result in harsh penalties. This is to ensure that Victorian roads are safe for all motorists and to reduce the number of motor vehicle accidents and fatalities on public roads. Police have numerous rights and obligations when dealing with motorists in Victoria. In particular, they have the right to direct a vehicle to stop to the side of the road. Failing to stop for police in Victoria may result in a fine and/or imprisonment. This is prescribed under the Road Safety Act 1986 and dealt with by Victorian traffic authorities.
Section 59 of the Act provides that motorists on Victorian roads have a duty to stop their vehicle, produce their driver’s licence for inspection or provide their name and address if directed to do so by a police officer. If at any time a driver fails to comply with such a direction, they will be deemed to have infringed the Act and will have committed an offence under section 64A.
A person will be charged under this section if they continue to drive a motor vehicle after being given a direction to stop. As a Victorian motorist, you may also be committing a crime if you did not stop by mistake but ought to have reasonably known that you were meant to stop for a police officer. This would most likely apply to a situation where you are signalled to pull over and stop at an RBT site or where the request was not direct (i.e. flashing of lights, sounding of a police alarm).In Victoria for any first time offender caught refusing to stop for a police officer, a fine of approximately $9,000 may apply and/or a term of imprisonment not exceeding 6 months. Any second or subsequent offence may carry a penalty of 12 months imprisonment or a fine of up to $18,000.
In addition to any fine or term of imprisonment handed down to the offender, the courts are required to cancel or disqualify the individual’s licence for a further period of at least 6 months. A second or subsequent offender will have their licence cancelled or disqualified for a period of at least 12 months. The courts will consider the severity of the offence when determining the length of the disqualification. Under the Act, it is possible to be charged with additional offences if you have refused to stop for police after a direction to do so and have committed another offence under the Act. These are explained briefly below.
Dangerous/Careless Driving
If you have refused to stop for police by evading the police direction or fleeing from the area, you may be charged with dangerous or careless driving. You may be charged with dangerous driving if you are caught driving a motor vehicle at a speed or in a way that is dangerous to other motorists. If charged with this offence, you may be liable to serve a term of imprisonment of 2 years. You may also face additional periods of disqualification, as the court deem reasonable in the circumstances.
Similarly, you may also be charged with careless driving if you are caught driving a motor vehicle on a highway in a manner that is deemed to be careless. This offence is not as serious as a charge of dangerous driving but will still carry a fine of roughly $2,000 if it is your first offence and $4,500 for a second of subsequent offence. Under the Victorian Act, in limited circumstances you may have a defence available to you.
For example, you may be able to claim that you were not able to stop your vehicle within a reasonable time after the direction was given or that the charge is unnecessary or unsupported by evidence. Additional defences may arise in circumstances where there is a dispute as to the facts surrounding the charge. It is essential to keep in mind that these defences are quite complex and need careful consideration by a legal professional before being pleaded in the courtroom.
Michelle Makela
National Practice Manager
Michelle Makela is a Legal Practice Director at Go To Court Lawyers. She holds a Juris Doctor, a Bachelor of Science (Psychology) and a Master of Criminology. She was admitted to practice in 2006. Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.
Related Law Topics
Serious Traffic Offences in the Northern Territory
Serious Traffic Offences in the Northern Territory All traffic offences are serious but offences that could cause significant injury or death are considered to be more serious than others. In the Northern Territory, serious traffic offences can be found in the Criminal Code Act. These offences exist to prevent serious injury ....
Posted in:
Offences
Driving Vehicles With Low Tyre Pressure (NSW)
It is not uncommon for the owners of 4×4 vehicles to deflate the vehicle’s tyres before they reach sand dunes or other off-road terrains. This practice can, and sometimes does, raise the attention of NSW Police who will often deem such practices to be unsafe. Deflating your vehicle’s tyres and ....
Posted in:
Offences
Serious Traffic Offences in Victoria
Serious Traffic Offences in Victoria In Victoria, Part 1 Division 9 of the Crimes Act 1958 deals with serious traffic offences. There are three main offences which fall into this category. They are, in roughly decreasing severity: Culpable driving causing death; Dangerous driving which causes death/serious injury and; Dangerous or ....
Posted in:
Offences
Heavy Vehicle Offences: Higher Penalties and More Accountability
If you drive a vehicle with a weight of more than 4.5 tonnes on any road in Australia (except Western Australia) then you may find yourself before a Local Court or Magistrates Court for Heavy Vehicle offences. The requirements under Queensland and New South Wales legislation in this area are ....
Posted in:
Offences
Road Rules For Cyclists (NSW) Under the Road Rules 2014, a bicycle is a ‘vehicle’ and the road rules for cyclists are the same as the road rules as drivers. There are also some special road rules for cyclists on New South Wales roads. Bicycle riders can be penalised if they commit ....
Posted in:
Offences
Dangerous Driving Laws in Western Australia
Section 61 of the Road Traffic Act 1974 defines dangerous driving as driving a motor vehicle in a manner (including speeding) that is, having regard to all the circumstances of the case, dangerous to the public or to any person. The Oxford Dictionary defines ‘dangerous’ as ‘able or likely to cause harm ....
Posted in:
Offences
In South Australia, it is a vehicle owner’s responsibility to ensure that a vehicle is legally registered and insured before it is driven (or even parked) on the road. Although it is the owner who is responsible for registering the vehicle, someone who knowingly drives an unregistered vehicle is also ....
Posted in:
Offences
Driving Whilst Suspended in Victoria
A breach of the traffic law in Victoria is taken very seriously and may result in very serious penalties. In Victoria, the Road Safety Act 1986 sets out the rules that must be followed when driving on Victorian roads. Certain sections of the Act specifically deal with the consequences of driving whilst ....
Posted in:
Offences
Unlicensed Driving in New South Wales
Unlicensed Driving in New South Wales In New South Wales, you may commit one of a number of offences if you drive a motor vehicle on a road without holding a valid drivers licence to do so. These offences are contained in sections 53 and 54 of the Road Transport Act ....
Posted in:
Offences
Serious Traffic Offences in South Australia
Serious Traffic Offences in South Australia The laws that describe serious traffic offences in South Australia are set out in the Road Traffic Act 1961 and in the Criminal Law Consolidation Act 1935. These matters must be dealt with by the Court and the penalties include imprisonment. Failing to stop, give assistance & present ....
Posted in:
Offences
There are a few road rules in Queensland that are specific to a particular road, or which are different to road rules in other states. If you are new to Queensland, or have been driving elsewhere, it is a good idea to refresh your memory of the road rules in ....
Posted in:
Offences
Careless Driving Offences (Qld)
Careless driving means driving without the degree of care and attention that a reasonable and prudent driver would exercise in the circumstances. The lack of due care and attention does not have to amount to negligence towards another person. It may just be a failure to exercise a reasonable degree ....
Posted in:
Offences