Fail to Stop and Assist | Failing to Stop for Police | Failing to Stop for Police Offence

What is fail to stop for police?

Under s 36A of the Law Enforcement (Power and Responsibilities) Act 2002 (“LEPRA”), police have the power to direct a driver to pull over to the side of the road where they reasonably suspect that a driver, or a passenger, has breached a law.

Where a reasonable suspicion exists, police can charge you with a failure to comply with directions, also known as a ‘fail to stop’.

What penalties exist for failing to stop?

If you are charged under s 39 of LEPRA, the maximum penalty for failing to stop when directed to do so by police is:

50 penalty units ($5,500); or
12 months’ imprisonment (most offenders do not go to gaol); or
both.

If you are charged under s 304 of the Road Rules 2014 (disobey the direction of a police officer), the maximum penalty is:

A fine of $349 (penalty notice)
3 demerit points
20 penalty units ($2,200).

There is no license disqualification period associated with either of these charges

What are my options?

Plead Guilty

This option is recommended where you:

accept that you failed to stop, and / or
have a valid reason why the court should show you some leniency (we can assist you in determining what the court considers valid.)

What possible outcomes exist when found guilty?

A non-conviction via a section 10 – asking the court for leniency
- Leniency is where the court has found you guilty, but has exercised a discretion not to convict you. Therefore, you will avoid:
  - a fine or a penalty.
  - a loss of any demerit points
  - a conviction
Conditional release order “CRO” (with or without conviction)
- This is usually subject to a period of good behaviour.
- If an offence is committed during the period of the order, a court may resentence you for the offence committed.
Community Corrections Orders (“CCO”)
- A court may exercise this option (when aggravating circumstances Examples of aggravating circumstances include a repeat offence.
- An example of a CCO is performing service within the community.
Intensive Corrections Order (“ICO”)
- This is where a term of imprisonment can be served in the community.
Full-time imprisonment
- Served in a correctional facility.

What factors influence what happens in court?

Aggravating factors (EG. Other people in the car, speed.)
Mitigating factors (EG. your personal or factual circumstances.)
Your criminal history
Your traffic history
Whether you have completed the Traffic Offenders Intervention Program

Plead Not Guilty

This option is preferable where you have a legitimate defence that you are prepared to defend in a hearing at a local court. Possible defences are:

Duress – you were coerced against your will, to follow a police direction to stop.
Necessity – you kept driving to avoid a greater harm from occurring.
You were unaware that police required you to stop your vehicle.

We can negotiate with police to attempt to have the charge against you withdrawn, or replaced with a less serious charge, thereby avoiding a hearing.