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    Dangerous driving to escape police pursuit

    Under s 19AC of the Criminal Law Consolidation Act 1935 (SA) it is an offence to drive a motor vehicle negligently, recklessly or at a speed or in a manner that is dangerous to any person in order to escape pursuit by a police officer or to cause a police officer to engage in a pursuit.

    Penalty:

    Mandatory driver's licence disqualification for a minimum of 2 years in addition to the maximum penalty:

    Basic offence: 3 years imprisonment

    Aggravated offence: 5 years imprisonment*

    * An aggravated offence in this instance means that at the time the offence was committed the driver [s 5AA(1b):

    • was driving or using a motor vehicle that was stolen or being driven without the consent of the owner of the vehicle and the driver knew or was reckless about this;
    • was driving a motor vehicle knowing that he or she was disqualified from holding or obtaining a driver’s licence or that his or her licence was suspended;
    • was driving with a blood alcohol concentration of 0.08 grams of alcohol in 100 millilitres of blood; and/or
    • was driving a motor vehicle in contravention of s 47 (driving under the influence) or s 47AB (driving with a prescribed drug in oral fluid or blood) of the Road Traffic Act 1961 (SA).
    Dangerous driving to escape police pursuit  :  Last Revised: Mon Oct 14th 2019
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