What must I do at a Queensland roadside stop?

Pull over safely, give your name, address and licence, and complete a breath or saliva test if required. Refusing a test or giving false details are separate offences.

What does asking 'Is that a lawful direction?' achieve?

It separates a request from a direction. If the officer says it is a direction, you comply. If the direction later proves unlawful, you can show you only complied because you were told to, rather than consenting.

Should I get out of the car if police ask?

Stay in the car unless asked. If asked and unsure, ask whether it is a direction. If the officer says yes, get out calmly.

What if I think an arrest is unlawful?

Do not resist. Say you do not agree and ask for it to be noted, then speak with a lawyer. Resisting or obstructing police can be an offence even where the arrest is later found to be unlawful.

Is That a Lawful Direction? Police Stops in Queensland

The single most useful sentence at a Queensland roadside stop is “Is that a lawful direction?” It politely turns an ambiguous request into a clear answer: either you must comply, or you are free to decline. Andrew Bell returned to it repeatedly across Legal Matters Ep 31: Police Roadside Stops Part 1 and Legal Matters Ep 32: Police Roadside Stops Part 2 .

What You Must Do

Pull over safely when signalled. Evading police is a serious offence.
Identify yourself by giving your name, residential address and driver licence when asked.¹ Giving false details is an offence.
Complete a breath or saliva test if required. Random breath and drug testing needs no suspicion, and refusal carries penalties comparable to high-range drink driving.²
Comply with lawful directions, including getting out of the vehicle or submitting to arrest.

What You Can Decline

Questions about where you have been, who you were with, or what you have had to drink
“Do you know why I pulled you over?” (answer with “I don’t know, could you please tell me?”)
A request to look through your car or bags without a power to search
A request to look through or unlock your phone without a warrant or order
An informal “chat” when you are not under arrest (ask to speak to a lawyer and whether you are free to leave)

Police should not detain you longer than reasonably necessary for the purpose of the stop.

Comply first, challenge later. If an officer confirms something is a direction, follow it, even if you disagree. You can say “I want it noted that I don’t agree with this,” but physically resisting or obstructing police is an offence under s 790 of the Police Powers and Responsibilities Act 2000 (Qld), even where the officer’s action later proves unlawful. The place to challenge it is court, with a lawyer and ideally a recording.

Why It Matters Later

If you comply with a request without asking, police may argue you consented. If you ask and are told you must comply, and the power did not in fact exist, that exchange supports a later argument that evidence was obtained improperly. Body-worn camera footage and your own recording, made once safely stopped, can prove what was said.

What happens if I ask police 'Is that a lawful direction?'

What You Must Do

What You Can Decline

Why It Matters Later

See Also

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