Traffic laws in Victoria are strict and Victoria Police have a number of powers when dealing with motorists. Most notably, a Victoria Police officer has the legal authority to direct a vehicle to stop moving. Should a motorist fail to stop or attempt to evade police, then harsh penalties can apply, including mandatory licence suspensions.

What constitutes ‘evading’ police?

Once you have been given a direction from a police officer to stop driving a motor vehicle, it is an offence to continue to drive. Put simply, if you willfully refuse to stop the motor vehicle and you continue to operate a vehicle despite been given a direction from a police officer than you have engaged in conduct which may constitute evading police.

A lawful direction to stop driving a motor vehicle should clearly indicate that the driver must stop the vehicle, and this can be achieved though hand signals, flashing of police headlights, use of red and blue flashing lights on police vehicles, the sounding of an alarm or a display sign.

What are the elements that must be proven?

In order for you to be found guilty of the offence, the prosecution must prove beyond all reasonable doubt each legal element of the offence as follows:

1. That you were provided with a direction to stop;
2. That direction was provided by a Police officer (or Protective Services Officer); and
3. You knew that you had been provided with a direction to stop; or
4. You ought to have reasonably known that you were provided with a direction to stop.

What are the possible penalties for evading police?

A person who continue to drive a motor vehicle when directed to stop is to be penalised for a first offence, to a maximum of sixty (60) penalty units and/or imprisonment for six (6) months and the Court must also cancel your licence and disqualify you from driving for a period of not less than six (6) months. However, for a second or subsequent offence, a person can be penalised to a maximum of 120 penalty unites and/or imprisonment for 12 months, and the Court must also cancel your licence and disqualify you from driving for a period of not less than twelve (12) months.

Further, continuing to drive a motor vehicle when directed to stop is a category 1 offence under ‘Victoria’s Hoon Driving Laws’, and this could lead to the vehicle being forfeited, immobilised or impounded.

Are there any possible defences?

Evading police is a strict liability offence, and therefore your moral responsibility is not required to be proven in order for you to be found guilty. However, if you held a mistaken and reasonable believe about a set of facts and if those facts were correct, then this would raise a valid defence against the charge. This is better known as the defence of ‘Honest and Reasonable Mistake of Fact’.

It will also be a defence to the charge if you can establish that the direction provided by Police was not clear, the direction was unlawful or you stopped your vehicle as soon as possible after being provided with the direction to stop.  

Where will my case be heard?

A case involving evading police is usually dealt with in the Magistrates’ Court, however in certain circumstances and depending on whether more serious charges are involved, the case may be dealt with in the higher courts.

What to do next?

Understandably, when a person is faced with possible charges involving evading police, they may not be in the state of mind to think clearly and often act on impulse which causes further complicates defending any allegations to be made by the Prosecution. Which is why it is extremely important, that you do not speak to Police or Prosecution before seeking legal advice and adequate representation. 

Should you require further assistance then seek urgent legal advice without hesitation. You can call our office to discuss your case with one of our solicitors today.