Have you been charged with refusal or failure to comply with a Request or Signal to Stop?
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Driving Under the Influence (DUI)
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Exceeding the Prescribed Concentration of Alcohol (“ PCA ”)
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Refusing to Undergo a Preliminary Breath Test
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Refuse or Fail to Comply with a Request or Signal to Stop
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Refusing to Comply With Directions Made by Police Regarding
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Exceeding the Prescribed Concentration of Alcohol (Breath Analysis) within 3 Hours
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Driving a Motor Vehicle With a Blood Sample Indicating a Prescribed Concentration of Alcohol
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Expca of Drugs and Alcohol Within 3 Hours of Driving or Being in Charge
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Consume Intoxicating Liquor While Driving
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Consuming Intoxicating Liquor While Supervising Driving a Learner Driver
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Breach of Alcohol Interlock Condition
What Does It Mean to Refuse or Fail to Comply with a Request or Signal to Stop?
Refusing or failing to comply with a request or signal to stop at a Preliminary Breath Testing (“PBT”) station is an offence under section 49(1)(d) of the Road Safety Act 1986 (“RSA”).
This offence is assessed through an objective test. The question is whether a driver should have reasonably been aware (as opposed to whether they were aware) of the request or signal to stop and remain stopped.
Under section 54(1) of the RSA, police officers are authorised to set up a PBT station on or near a highway, but the station must be clearly identifiable for the purpose of conducting preliminary breath tests and oral fluid (drug) tests. Any uniformed, on-duty police officer at a PBT station can signal a driver to stop and remain stopped until they are directed to proceed, as outlined in section 54(3) of the RSA.
Police are not permitted to detain a driver for longer than is necessary to conduct the required tests. Although “necessary time” is not precisely defined, it generally refers to the time needed to complete and process the analysis, particularly if the test shows a blood alcohol concentration (“BAC”) above the legal limit. If the testing process is unnecessarily prolonged or misused, this may provide a legitimate defence.
What must the prosecution prove?
To convict you of refusing or failing to comply with a request or signal to stop, the prosecution must prove beyond reasonable doubt that:
- You were driving or in charge of a motor vehicle.
- You refused or failed to comply with a request or signal to stop and remain stopped at a PBT station.
Factors to consider:
To assess whether you have a viable defence, consider the following:
- What were the specific circumstances at the time of the alleged offence?
- Were you aware of the police officer’s direction to stop?
- Did you comply with the request to stop at the PBT station?
- Are there options available to minimise the penalty?
- Is there a potential defence, such as being detained at the PBT station for longer than necessary?
Penalties for Refusing or Failing to Comply with a Signal to Stop at a Preliminary Testing Station
If convicted of an offence involving alcohol or other drugs by refusing or failing to comply with a signal to stop at a preliminary testing station, the penalties are as follows:
- First Offence: A fine of up to 12 penalty units.
- Second Offence: A fine of up to 120 penalty units or imprisonment for up to 12 months.
- Third or Subsequent Offence: A fine of up to 180 penalty units or imprisonment for up to 18 months.
In addition, under section 50(1B), if convicted of an offence under section 49(1)(d) for refusing or failing to stop, the court is required to suspend your driver’s licence or learner permit and disqualify you from driving for a minimum period of:
- 2 years for a first offence.
- 4 years for any subsequent offence.
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Driving Under the Influence (DUI)
-
Exceeding the Prescribed Concentration of Alcohol (“ PCA ”)
-
Refusing to Undergo a Preliminary Breath Test
-
Refuse or Fail to Comply with a Request or Signal to Stop
-
Refusing to Comply With Directions Made by Police Regarding
-
Exceeding the Prescribed Concentration of Alcohol (Breath Analysis) within 3 Hours
-
Driving a Motor Vehicle With a Blood Sample Indicating a Prescribed Concentration of Alcohol
-
Expca of Drugs and Alcohol Within 3 Hours of Driving or Being in Charge
-
Consume Intoxicating Liquor While Driving
-
Consuming Intoxicating Liquor While Supervising Driving a Learner Driver
-
Breach of Alcohol Interlock Condition
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What happens next?
If you’ve been charged with this offence, it’s essential to seek legal advice and guidance from experienced traffic lawyers at MK Law. They can help assess your case, advise on potential defences, and work to minimise penalties or achieve the best possible outcome in court. Call 1800 130 120 today to have an expert advise you.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au