Failure to Stop for
What is Fail to Stop for Police
If a motorist on a public road fails to stop after being directed to so by Police, he or she will face severe fines and potential period of imprisonment. This is a very serious charge as it contributes to a large number of fatalities on NSW roads, and strict penalties have been put in place in an attempt to curb this type of behaviour.
Fail to Stop for Police & The Law
This offence is governed under Section 39 of the Law Enforcement (Power and Responsibilities) Act 2002. This Section can also cover any other type of refusal to obey directions given by Police officers.
Police Pursuit is an offence under Section 51B of the Crimes Act 1900 (NSW).
What the Prosecution need to Prove (Beyond a Reasonable Doubt):
The accused was driving a motor vehicle on a public road
The accused failed to stop motor vehicle after being directed to do so by a Police officer.
Going to Court – “What am I looking at?”
Failure to Stop for Police is a serious charge which carries a maximum penalty of a fine up to $5,500 and/or up to 12 months imprisonment. The Court has the discretion to impose both a fine and a period of imprisonment, depending on the circumstances of the incident and the nature of the refusal.
Police Pursuit is treated very seriously by the Court and carries a maximum penalty of up to 2 years imprisonment in the Local Court.
If the Director of Public Prosecution chooses to elect the matter, and have it transferred to the District Court due the seriousness of the offence and any aggravating features, the maximum penalty can be up to 3 years imprisonment if this was a first time offence, and 5 years imprisonment if the accused had former convictions of Police Pursuit in the past.
There is also an automatic driver licence disqualification period of 3 years with a minimum period of 12 months.
Lawyer Call – here to help..
Our experienced Traffic Team at Lawyer Call understand the intricacies of strong powerful please before Magistrates in the Local Court, demonstrating the client’s remorse, in an effort to achieve the maximum discount on the sentence proceedings.
Our Online Legal Conferencing Service, together with our dedicated correspondence and face to face consultations are just only some of the reasons Lawyer Call is the Defence Traffic Team you want on your side.
At Lawyer Call we will conference with you regarding your circumstances that gave rise to this charge and offer expert legal opinion on how to best deal with your Court proceedings.
Call our office today on 1300 LAW 111 for professional Traffic Law Advice.