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Traffic Law » Police Pursuit

Streeton Lawyers has extensive experience in all aspects of traffic law.

Police Pursuit

It is an offence for the driver of a vehicle to not stop and drive recklessly or at a speed which is dangerous to others when they know (or should have known) that police ae pursuing them and that they are required to stop.

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  • Proven track record of exceptional results
  • Accredited specialists in Criminal Law available
  • Highly respected with a first class reputation
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Defences

  • The driver did not know or could not have known that they were being pursued by police
  • The driver was recklessly or at a speed which that would put others in danger
  • Duress

Penalties

Maximum Penalty

Minimum

License Disqualification

Maximum License Disqualification

First offence

3 years imprisonment

12 months

3 years

Second or subsequent offences

5 years imprisonment

2 years

5 years

What is a “second or subsequent offence”?

A second or subsequent offence means that the offender has either been convicted of a previous offence of police pursuit within the past 5 years, or another earlier “major offence”, for example drink driving, in the past 5 years.

Will I Lose My Licence?

Upon conviction, your licence will be disqualified. There is no discretion for the magistrate to impose a period of disqualification less than the minimum period.

The only way to avoid a disqualification after being found guilty, or pleading guilty, is if the court deals with your matter by way of non-conviction. As with any offence, even after a finding of guilt a court can still decide not to record a conviction.

Should the court convict and disqualify you, the disqualification will commence at the time of conviction unless the court orders that it begins on a later day specified by the court.

Why Streeton Lawyers?

  • Proven track record of exceptional results
  • Accredited specialists in Criminal Law available
  • Highly respected with a first class reputation
  • Your first consultation is free

Call 24/7 (02) 9025 9888

Will The Court Take Into Account My Need For A Licence?

Your need for a licence is a relevant factor in the sentencing process, and those who will suffer hardship should be in a position to provide evidence to the court proving that hardship. The court is also required to take into account the need to deter other members of the community from committing the same offence, and in many cases, the need to deter individual offenders from committing the same offence again.

Each offender will be sentenced in accordance with all of their relevant circumstances.

For detailed advice about your matter, contact one of our traffic law specialists for a free initial consultation.

Will I Get Community Service Order?

A Community Service Order (CSO) is not always appropriate or attainable even if an offender has no prior criminal history. This is because a magistrate is required to take into account the following factors when considering sentencing an offender under CSO:

  • The person’s character, antecedents, age, health and mental condition;
  • The trivial nature of the offence;
  • The extenuating circumstances in which the offence was committed; and
  • Any other matter that the court thinks proper to consider.

However, it is important to note that this list is not exhaustive, and simply ticking each box will not guarantee an offender receives a CSO.

For FREE initial advice about the prospects of your matter, contact one of our criminal law specialists.

For the full range of penalties that can be imposed, see our Sentencing Options page.