Failing to Stop for Police in the Northern Territory

Transcript

failing to stop for police in the Northern Territory. The Northern Territory treats any failure to comply with the police direction very seriously. In fact, failing to stop for police after being directed to do so is considered an offence in three separate pieces of legislation. These are the Traffic Act, the Motor Vehicles Act and the Criminal Code. You may be charged under any one of these acts depending on the nature and severity of your conduct.

The direction to stop may not always be spoken, but may be in the form of a hand signal, the flashing of lights, or the sounding of an alarm or siren. Because of the strict traffic laws in the Northern Territory, it is unlikely that you will be able to escape a charge if you are caught evading a police direction. Given the seriousness of the offences, it is always wise to comply. Failing to stop under the Traffic Act, Section 29 AAB of the Traffic Act gives a police officer the right to pull over a driver at random in order to conduct a random breath or saliva test.

Failure to comply with the direction to pull over is an offence. The maximum penalty that can be applied is a fine of 200 penalty units, which is about $30,000, or imprisonment for 12 months. In addition, a period of licence suspension or disqualification for up to 12 months may be imposed under the Criminal Code, where you engaged in dangerous driving while evading a police direction. Failing to stop under the Motor Vehicles Act, Section 64 of the Motor Vehicles Act prescribes that a police officer has the right to direct a driver to stop and provide certain information.

The purpose of this law is so that the type and size of vehicles used on public roads in the Northern Territory may be regulated. Failing to stop under this Act may attract a fine of approximately $1,200, or two years imprisonment. Failing to stop under the Criminal Code The Criminal Code has broadened the charge of failing to stop for police to better deal with more serious cases of poor driver behaviour. Serious penalties apply, where failing to stop for police is associated with a police pursuit and or dangerous driving.

Under Section 174FB of the Criminal Code, a number of factors must be proven before a driver can be convicted under this section. First, a member of the police must have given the driver a direction to stop their vehicle. The driver must have then failed to comply with this request and did not stop the vehicle. The police officer must have pursued the vehicle and the driver must have proceeded to drive the vehicle in a dangerous manner while trying to evade the police officer.

A driver will be considered to have been driving dangerously if they are driving at a speed which exceeds the limit for that area, if they are under the influence of drugs or alcohol while they are driving or if they are driving in a way that is putting others at risk. If charged for failing to stop under the Criminal Code in the Northern Territory, the maximum penalty that may be imposed is imprisonment for five years. In addition, it is likely that a period of licensed suspension or disqualification will also be imposed, especially in circumstances where you are found to have been under the influence of drugs or alcohol.

Few defences exist in relation to failing to stop for police or failing to comply with the police direction. In the event you are charged with an offence under any one of the laws above, the only defence likely to be available is if you can argue that you are unaware of having been given a direction by a police officer. However, the burden rests with you as the driver to prove this was the case and it may be very difficult to do so.

What to do next? If you or someone you know has been or is about to be charged with failing to stop for police, it is important to obtain legal advice quickly. Go To Court Lawyers operate a legal hotline on the retired Go To Court contact number (omitted) where you can talk directly to a lawyer 7am till midnight, 7 days a week. Your call will be treated with the strictest confidentiality and without judgement. The lawyer will assess your matter and recommend a course of action.

Should you need a court lawyer, even if it is at very short notice, the Legal Hotline staff will be able to arrange legal representation for you. You can also request a call back via the website gotocourt.com.au and a lawyer will call you back to assess your matter.