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Driving a Motor Vehicle When Directed to Stop By Police

Driving – Other Traffic Offences – VIC

Welcome to the VIC Driving a motor vehicle when directed to stop by police article page. Everything you need to know about Driving a motor vehicle when directed to stop by police according to VIC law.

What the Law States according to VIC Law for Driving a motor vehicle when directed to stop by police

According to VIC Law for the charge of 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 police

64A. 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.

The Maximum Penalty – Driving a motor vehicle when directed to stop by police

According to VIC Law 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 Police must prove according to VIC Law for 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

Possible Defences under VIC Law – 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.

In VIC which court will hear the matter – Driving a motor vehicle when directed to stop by police

Magistrates’ Court

Street names for Driving a motor vehicle when directed to stop by police

Fail to stop when directed

 

Date: 09/01/2009

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