It is an offence to fail to stop for Police when you are driving a motor vehicle. As a driver, you are expected to pull over when directed to do so by Police immediately. There is only a small amount of leeway available if it is unsafe to do so.

The Queensland government has implemented tough new penalties for people convicted of fail to stop for police. The minimum penalty for fail to stop for police is $5,500.00 fine or 50 days actual imprisonment**.

If you are a member or associate of a criminal organisation*, then things get even worse. The minimum penalty is $11,000.00 fine or 100 days actual imprisonment.

In addition to the above penalty, you will receive a mandatory two years disqualification from using your drivers licence. If you drive disqualified during the two year period, this is another offence and subject to further penalties. The penalty may include imprisonment, particularly for repeat offenders.

If the driver of the vehicle evading isn’t known or caught at the time of the offence, then Police will give the registered owner of the vehicle a notice. This notice calls upon the owner to nominate the person responsible within 4 business days. If the owner fails to nominate, then that person is prosecuted as if s/he was the driver. This results in the penalty of $5,500.00 fine or 50 days actual imprisonment being imposed**.

It is always best to obtain legal advice from the time that you have first contact with Police. That is, before you participate in a police interview. Or if you have been served with a notice to nominate the driver. Gold Coast Traffic Lawyer operates 24 hour, 7 day a week emergency call line so that you can get advice you can trust from the outset.

Ring Sam or Mark on 5527 0020 for immediate advice.

* Criminal Organisations include criminal motorcycle gangs. Find the new process to disassociate from a criminal motorcycle gang at Southport Legal Aid Lawyer.

** There is case law that may apply to you so that a Court can impose an alternative sentence.  Contact Sam or Mark to see whether this applies to you.