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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
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.