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Failing to stop for police
Under section 109 of the Regulations, a police officer is given the power to request or signal for any driver to stop their vehicle. Under the same section, it is made an offence to fail to comply with any such direction without a reasonable excuse. The penalty for this offence is a maximum of 20 penalty units, which is roughly $3,000. This may not be a significant penalty for some, however, it is important to note that harsher penalties may be handed down in some circumstances. These are explained below in more detail.Furious/reckless/dangerous driving
Under the Road Transport (Safety & Traffic Management) Act 1999, you may be charged in the ACT with driving furiously, recklessly or dangerously. This includes circumstances where the alleged offender is speeding or driving in a way that puts other motorists at risk of injury. If charged under the Act, you may face a maximum penalty of $15,000 and/or a period of imprisonment not exceeding 1 year. Harsher penalties may also apply if you have engaged in reckless, furious or dangerous driving and have also failed to comply with a direction to stop your motor vehicle. This is known as an aggravated offence under the Act. An aggravated offence will carry a maximum penalty of a $45,000 fine and/or a term of imprisonment not exceeding 3 years, or, for a repeat offence, a $75,000 fine and/or imprisonment for a term not exceeding 5 years. There are other circumstances that will give rise to an aggravated offence, these include driving under the influence of drugs/alcohol, speeding or underage driving. Therefore you should be aware that much harsher penalties will be imposed if you fail to comply with a direction to stop and you have also infringed another section of the Act.Failing to stop after an accident
You are also obliged by law in the ACT to stop your motor vehicle and assist after an accident in circumstances where a person is injured. The Act directs you to stop straightaway and give any assistance that is required. Any failure to stop your motor vehicle after an accident may result in a fine of up to $30,000 and/or a jail term of up to 2 years.Failing to identify the driver
If your vehicle, or a vehicle for which you are responsible at the time, is involved in a road traffic offence, you are required to provide to police information about the identity and whereabouts of the person driving the car at the time of the offence. Even if you are not responsible for the vehicle, if you have any information about who was driving a vehicle which was involved in a traffic offence, you are also obliged to provide that information to police. Failing to do so could result in a penalty of anywhere from a $3,000 fine up to a $45,000 fine and/or 3 years in jail. When directed to stop by a police officer, you maybe asked to provide details and/or answer various questions. Whilst you do have the right to refuse to answer certain questions, refusing to provide the basic details required by the ACT police may result in an infringement of the Act. Therefore, it is always a good idea to provide details such as your name, address and your driver’s licence and registration details, if asked by a police officer. Any refusal to provide this information may lead to a charge and possibly a fine. As stated above, the regulations allow the alleged offender to plead a defence that they had a reasonable excuse not to stop the motor vehicle after being directed to do so. The Regulations do not provide any detail on what constitutes a reasonable excuse so it will depend on the specific circumstances of each case. It is a good idea to seek the advice of a lawyer prior to arguing this defence.If you require legal advice or representation in a traffic law matter in ACT, please contact Go To Court Lawyers. You can reach us 24 hours a day on 1300 636 846, contact us online or book a consultation with one of our experienced lawyers.
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Frequently Asked Questions
What constitutes a reasonable excuse for failing to stop for police in the ACT?
The legislation does not specifically define what constitutes a reasonable excuse for failing to stop when directed by police. Generally, reasonable excuses might include genuine emergency situations, mechanical failure preventing safe stopping, or circumstances where stopping would create immediate danger. Each case is assessed individually based on the specific facts and circumstances. Courts will consider whether a reasonable person in the same situation would have acted similarly.
What specific legislation governs failing to stop for police offences in the ACT?
Failing to stop for police in the ACT is governed by section 109 of the Road Transport (Safety and Traffic Management) Regulations 2000 and the Road Transport (Safety & Traffic Management) Act 1999. These laws give police officers the power to signal drivers to stop and create offences for non-compliance. The maximum penalty under section 109 is 20 penalty units, approximately $3,000, though more serious charges may apply in certain circumstances.
How much does it cost to get legal advice about failing to stop for police charges in the ACT?
Go To Court Lawyers offers a fixed consultation fee of $295 for initial legal advice about failing to stop for police charges in the ACT. This consultation allows you to discuss your specific circumstances, understand the charges against you, and explore your legal options. Given that penalties can reach $15,000 and include imprisonment for serious offences, professional legal advice is essential to protect your rights and achieve the best possible outcome.
How can a traffic lawyer help with failing to stop for police charges in the ACT?
A traffic lawyer can assess whether you have a reasonable excuse for failing to stop, review the evidence against you, and identify potential defences or procedural errors. They can negotiate with prosecutors for reduced charges, represent you in court proceedings, and present mitigating factors to minimise penalties. For serious charges involving furious or dangerous driving, legal representation is crucial given the potential for significant fines and imprisonment.
Are there time limits for dealing with failing to stop for police charges in the ACT?
Yes, there are strict time limits for responding to failing to stop for police charges in the ACT. You must respond to court notices within specified timeframes, typically within 28 days of receiving a summons. Missing these deadlines can result in warrants being issued or convictions recorded in your absence. It is crucial to seek legal advice immediately after being charged to ensure all procedural requirements are met and your rights are protected.