https://www.gotocourt.com.au/legal-news/driving-in-western-australia/

National Legal Hotline

1300 636 846

7am to midnight, 7 days

Call our lawyers now or,
have our lawyers call you

Traffic Law Western Australia Failing to Stop for Police in Western Australia

Failing to Stop for Police in Western Australia

Updated on May 29, 2015 3 min read 397 views Copy Link

Laura Turner

Published in May 29, 2015 Updated on May 29, 2015 3 min read 397 views

Failing to Stop for Police in Western Australia

If you are driving and you fail to stop for the police or attempt to flee, the police will be forced into a pursuit. In an attempt to curb this dangerous behaviour, Western Australia has introduced legislation for much harsher penalties under the Road Traffic Act 1974 (WA), for traffic offences with circumstances of aggravation. The reasoning behind these tough penalties is that they will act as a deterrent to prevent police pursuits occurring.

What are the likely charges and penalties?

Fail To Stop For Police

Charges and penalties that may arise as a result of a police pursuit can include: failing to stop, which will incur a minimum of $5000 fine, minimum 2 year licence disqualification and up to 2 years imprisonment; dangerous driving, which will incur a fine up to $36,000, minimum 2 year licence disqualification and up to 3 years imprisonment; and reckless driving, which will incur a minimum 2 year licence disqualification and minimum 6 months imprisonment up to 5 years. If you cause bodily harm as a result of the police pursuit there is a mandatory 6 months imprisonment, with a maximum of 10 years. If a death results there is a mandatory 12 months imprisonment with a maximum of 20 years. You can find further information and fact sheets in regard to the types of charges and penalties at rsc.wa.gov.au.

Reckless versus dangerous driving.

Both relate to driving of a motor vehicle in a manner that is dangerous to the public. It is the severity of the dangerous driving and what occurs during it that differentiates which charges are laid. Reckless driving charges can be laid if the driving was inherently dangerous, as distinct from being actually dangerous. Exceeding the speed limit by 45km/hr or driving more than 115Km/hr can result in a reckless driving charge, regardless of whether there is a police pursuit. See section 60 and 61 of the Road Traffic Act 1974 (WA).

What are circumstances of aggravation?

Charges of reckless driving, dangerous driving or failing to stop will incur the more severe penalties as outlined above, if your offence is classed as one which has circumstances of aggravation. There are three different circumstances of aggravation: driving a vehicle without owner’s consent; driving at speeds of 45km/hr or more, and attempting to escape pursuit by police.

What are some of the other charges that may result from the police pursuit?

It may not just be failing to stop, reckless, or dangerous driving that you may be charged with. The police pursuit normally occurs because the offender panics and may have something to hide. This can be driving with a disqualified licence, driving under the influence of drugs or breaching the Hoon Laws. Each of these offences have their own penalties (which will be additional to any penalties mentioned above), and depending on the offence may result in your car being impounded.

Published in

May 29, 2015

Laura Turner

Senior Associate

Laura Turner holds a Bachelor of Laws and Bachelor of Arts as well as a Graduate Diploma of Legal Practice. She is admitted to practice in the Supreme Court of Queensland. Laura began her legal experience through volunteering with the Student Legal Service offering free advice to students, and through a clerkship in the conveyancing team of a law firm in Hobart. She also volunteered at a Prisoner Legal Service, assisting inmates to obtain parole. Laura has a strong focus on family law, criminal and traffic law, although looks to broaden her knowledge into migration and civil law.
Home Traffic Law Western Australia Failing to Stop for Police in Western Australia

Laura Turner

Senior Associate

Laura Turner holds a Bachelor of Laws and Bachelor of Arts as well as a Graduate Diploma of Legal Practice. She is admitted to practice in the Supreme Court of Queensland. Laura began her legal experience through volunteering with the Student Legal Service offering free advice to students, and through a clerkship in the conveyancing team of a law firm in Hobart. She also volunteered at a Prisoner Legal Service, assisting inmates to obtain parole. Laura has a strong focus on family law, criminal and traffic law, although looks to broaden her knowledge into migration and civil law.

Categories

Affordable Lawyers

Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.

How It Works

1. You speak directly to a lawyer

When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.

2. Get your legal situation assessed

We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.

3. We arrange everything as needed

If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.

7am to midnight, 7 days

Call our lawyers now or, have our lawyers call you

1300 636 846
7am to midnight, 7 days
Call our Legal Hotline now