What is the Offence of Failing to Stop for Police?

Failing to stop when directed by police, commonly known as evading police, is a serious criminal offence in Victoria under the Road Safety Act 1986 (Vic). This offence applies when a driver deliberately ignores a direction from police to pull over and continues driving.

Examples include:

• Speeding away after police activate their sirens or lights.
• Failing to pull over within a reasonable time after being signalled to stop.
• Taking evasive action (e.g., turning off headlights, entering side streets, or accelerating).

Evading police is treated very seriously by the courts, often carrying automatic licence disqualifications, large fines, and even jail time.

What the Prosecution Must Prove

For a conviction of evading police, the Prosecution must establish:

1. You were driving a motor vehicle — This includes being in control of a vehicle on a public road.
2. Police lawfully directed you to stop — This includes activating lights/sirens or giving a hand signal.
3. You failed to stop within a reasonable time — This means you did not immediately pull over when it was safe to do so.
4. You intentionally evaded police — The Prosecution must prove that your failure to stop was deliberate, not accidental.

Penalties for Failing to Stop for Police in Victoria

The penalties for evading police are severe, with mandatory minimum licence disqualifications and substantial fines.

• Licence Disqualification — Mandatory for all offences.
• Fines — Up to 600 penalty units (over $110,000 for aggravated cases).
• Imprisonment — Up to 2 years for standard cases, or 5 years for aggravated cases
• Vehicle Impoundment — Police can immediately seize your car under Victoria’s hoon laws.

Possible Defences to an Evading Police Charge

✓ Lack of Awareness — If you did not realise police were attempting to stop you.
✓ Safety Concerns — If stopping immediately would have put you at risk (e.g., unsafe location).
✓ Mistaken Identity — If police misidentified the driver of the vehicle.
✓ Mechanical Failure — If a vehicle issue prevented you from stopping in time.

Charged with Evading Police? Contact Us for Expert Legal Advice

If you have been charged in Victoria, it is crucial to seek legal advice as soon as possible. A conviction can result in a criminal record, loss of licence, and financial penalties. Our experienced traffic lawyers at Elbob & Stephenson Legal can assess your case, explore possible defences, and work to minimise the impact on your life.

☎ Contact us today on 1800 117 533 to schedule a consultation.