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?

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