Have you been charged with refusal or failure 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.