Fail to Stop or Follow Direction in Victoria

Fail to Stop or Follow Direction in Victoria is a serious offence. Section 59 of the Act provides that motorists on Victorian roads have a duty to stop their vehicle, produce their driver’s licence for inspection and/or provide their name and address if directed to do so by a police officer. If at any time a driver fails to comply with such a direction, they will be deemed to have commit an offence under section 64A, commonly known as “evading police”.

The Penalty

The penalty for failing or refusing to stop when given direction to do so under s 64A(1) is:

  • for a first offence – 60 penalty units and/or 6 months imprisonment PLUS 6-months minimum licence disqualification; or
  • for a subsequent offence – 120 penalty units and/or 12 months imprisonment PLUS 12-months minimum licence disqualification.

If found guilty of this offence the Magistrate must disqualify you from driving for the above mandatory minimum periods. Note there is no way to be found guilty and receive less time off the road. However you can be given more. Therefore it is imperative that you get a driving defence lawyer to assist you in preparing for your court date.

Can I Defend the Charge?

Defences may be available where it can be shown there was no reasonable ability for you to stop where directed, you had not seen the direction given to you by police (or it was unclear) and/or the direction was not lawfully delivered.

This offence carries significant penalties and can often be associated with other charges such as reckless conduct or dangerous driving and you should speak with an experienced traffic lawyer at your earliest opportunity.