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Refuse to Stop

Driving – Other Traffic Offences – VIC

Welcome to the VIC Refuse to stop article page. Everything you need to know about Refuse to stop according to VIC law.

What the Law States according to VIC Law for Refuse to stop

According to VIC Law for the charge of Refuse to stop:

Road Safety Act 1986 – SECT 49
Offences involving alcohol or other drugs

49. 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);

The Maximum Penalty – Refuse to stop

According to VIC Law 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 Police must prove according to VIC Law for 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 under VIC Law – Refuse to stop

1. Factual dispute
2. Lack intent

In VIC which court will hear the matter – Refuse to stop

Magistrates’ Court

 

Date: 09/01/2009

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