Dangerous driving to escape police pursuit
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 [Criminal Law Consolidation Act 1935 (SA) s 19AC].
The maximum penalty is imprisonment for 3 years for a basic offence and imprisonment for 5 years for an aggravated offence.
An offence against s 19AC will be aggravated if, at the time the offence was committed, the driver was [s 5AA(1b)]:
- 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
- driving a motor vehicle knowing that they were disqualified from holding or obtaining a driver’s licence or that their licence was suspended
- driving with a blood alcohol concentration of 0.08 grams of alcohol in 100 millilitres of blood
- 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).
In addition to the possibility of a prison term, an offence against s 19AC carries a mandatory driver's licence disqualification period of at least 2 years.
Dangerous driving to escape police pursuit : Last Revised: Wed Apr 16th 2025
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