Driving a Motor Vehicle When Directed to Stop by Police

By Doogue + George Criminal Defence Lawyers

 

The Maximum Penalty for Driving a Motor Vehicle When Directed to Stop by Police in Melbourne – How Serious is this Charge?

There is a maximum penalty of 12 months of imprisonment or a fine of 120 penalty units for anyone found guilty  (for the second time or subsequently) of the charge of Driving a Motor Vehicle When Directed to Stop by Police. If the offence is committed for the first time, the maximum penalty that may be imposed is 6 months of imprisonment or a fine of 60 penalty units. These maximums are usually given by Courts only during extreme examples of the charge. Driving a Motor Vehicle When Directed to Stop by Police is a moderate form of criminal offending. As is usual with moderate offences, jurisdiction is primarily given to the Magistrates’ Court.

 

The legislation on Driving a Motor Vehicle When Directed to Stop by Police

The exact legislation for Driving a Motor Vehicle When Directed to Stop by Police can be found on Section 64.a of the Road Safety Act 1986. The law specifically states:

                                

Driving a Motor Vehicle When Directed to Stop

 

(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.

 

Penalty: For a first offence, 60 penalty units or imprisonment for 6 months or both; for a subsequent offence, 120 penalty units or imprisonment for 12 months or both.

 

(2) Subsection (1) does not apply to a person who is driving a motor vehicle who stops the motor vehicle as soon as practicable after being given a direction to stop.

 

(3) On a person being found guilty of a first offence under subsection (1), the court must-

 

   (a)  if the offender holds a driver licence or permit, cancel the licence or permit; and

 

   (b)  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.

 

(4) On a person being found guilty of a subsequent offence under subsection (1), the court must-

 

   (a)  if the offender holds a driver licence or permit, cancel the licence or permit; and

 

   (b)  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 12 months.

 

(5) In this section direction to stop means any action taken by a member of the police force, or a protective services officer on duty at a designated place, 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 or officer;

 

   (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.

 

Pleading guilty or not guilty to Driving a Motor Vehicle When Directed to Stop by Police in a Melbourne Court

Pleading guilty or not guilty to the charge of Driving a Motor Vehicle When Directed to Stop by Police is a serious legal concern that must be discussed with a criminal defence solicitor. The consequences of any legal action are best analysed by a legal expert. Find one to make sure that you get the best defence for your case.

 

Elements of Driving a Motor Vehicle When Directed to Stop by Police in a Melbourne Court

The Prosecution must show that the defendant was aware or ought reasonably to know that the Police has given the defendant a direction to stop from driving a vehicle; but that however the defendant has continued to drive.

 

Driving a Motor Vehicle When Directed to Stop by Police in a Melbourne Court – Defences in Court

Defences that are often run in relation to this charge are issues revolving around a factual dispute. It is also a defence in some cases when the defendant actually stops from driving, however only as soon as practicable, after the order to stop from the Police was given.

 

For more information on Driving a Motor Vehicle When Directed to Stop by Police, you may visit the Australian Defence Lawyers Association site (click here) and also the Doogue & O’Brien Melbourne Criminal Lawyers site (here). Further information can also be found at the Traffic Lawyers Melbourne site (here).

 

Doogue & O’Brien Melbourne can provide you more detail about this

Our Head Office is at 5/221 Queen Street, Melbourne

Phone (03) 9670 5111 (24 hrs if you are in a Police Station)         

http://www.criminal-lawyers.com.au/about-us/melbourne-criminal-lawyers

 

This article was written on Oct. 2, 2012 and relates to the law that it stands at this time.



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