A vehicle failing to stop for police can certainly raise heated discussion in the community. This is especially so where high-speed pursuit, danger and accidents are involved. Traffic offence lawyers understand that there are various elements to consider in cases where a driver has allegedly failed to stop for police.
Before we look at situations where a person might fail to stop for police, it pays to understand the circumstances in which police can lawfully attempt to stop a vehicle. After all, it can’t realistically be the case that police can stop any and all vehicles on our roads for no reason! The law in NSW is quite clear – police have the authority to stop a motor vehicle only if they ‘suspect on reasonable grounds’ that the driver or passenger is committing or did commit any offence which is covered by any law.
Alleged offences that could give rise to a ‘reasonable’ suspicion by police are quite extensive. It pays, however, to check that the reason the police directed you to stop in the first place was sound and lawful. Experienced traffic lawyers are fully aware of cases where there were simply no reasonable grounds for the police to suspect wrongdoing, and can help determine whether you fall into this category.
If it happens that you have wrongly failed to stop, this could lead to fines, and/or the loss or suspension of your licence. Depending on the extent and effects of the failure to stop, in some cases, drivers have been sentenced to time in prison. If speed, drug carriage, recklessness and/or danger to others are added to the equation, then penalties can be considerable.
An unknown offence?
It is best to advise experienced traffic lawyers of the exact details of your failure to stop. For example, there might be questions around your understanding of the situation, or health issues that confused the matter. You truly might have had no idea that you failed to stop for a police officer. Be up-front with your lawyer about your personal circumstances.
Nyman Gibson Miralis provide expert defence in all traffic-related matters. Contact us if you require assistance.