Offence Summary (In Brief) | - Law: Crimes Act 1900 (NSW) s 51B.
- Essentials: (1) You’re aware (or should be aware) police are pursuing and you’re required to stop; (2) you do not stop; and (3) you then drive recklessly or at speed or in a manner dangerous to others.
- Also relevant: separate offence to fail to stop when directed (LEPRA s 39) may be charged in some cases.
| Will I be suspended immediately? | Police can issue an immediate licence suspension for certain serious traffic offences, including police pursuit. The suspension generally remains in place until court, though you may appeal it in the Local Court. | First Court Date: What to Expect | Your first mention is administrative—no witnesses. We: - Confirm representation and seek brief of evidence (police video, speed data, communications).
- Advise on plea and timing.
- If guilty, prepare mitigation (TOIP, references, apology, rehab).
- If not guilty, the court sets a hearing timetable (subpoenas, expert evidence if needed)
| What must the prosecution prove? | To convict, police must prove beyond reasonable doubt that you: - Drove a vehicle;
- Knew, ought reasonably to have known, or had reasonable grounds to suspect police were in pursuit and you were required to stop;
- Did not stop; and
- Then drove recklessly or at speed or in a manner dangerous to others.
| Common Defences & How We Challenge | - No knowledge of pursuit / no requirement to stop (e.g., distance, visibility, unclear signals).
- Not reckless / not dangerous (driving did not meet the legal threshold).
- Identity / not the driver.
- Necessity / duress (rare, fact-specific).
We test dash-cam/CCTV, police in-car video, communications, speed data, and procedure. | | Bail (In Brief) | Depending on the circumstances (speed, risk, related charges), police may grant bail or refuse it; if refused, we apply to the Local Court. Expect conditions (residence, no driving, curfew). Early advice helps to set workable conditions and avoid breaches. | Is this the same as “failing to stop”? | No. Police pursuit (s 51B) requires proof you didn’t stop and then drove recklessly/at speed/dangerously. Failing to stop when directed (LEPRA s 39) is a separate offence. They can be charged together. | What disqualification will I get? | For a first offence, courts start from an automatic 3 years and can reduce to 12 months; for a second or subsequent, automatic 5 years with a 2-year minimum. Your facts and preparation matter. | Can the police suspend me on the spot? | Yes—immediate suspension powers apply to serious matters (including police pursuit). You may appeal an immediate suspension, but do not drive unless and until it is lifted. | |
