Failing to Stop for Police

What is Failing to Stop for Police

Definition: Section 320.17 of the Criminal Code of Canada makes it an offence for the driver of a motor vehicle (car, motorcycle, snowmobile, etc.) to fail to stop as soon as possible when signaled to do so by a law enforcement officer.

Important Points:

The officer must give a clear signal to stop. This could be lights, sirens, or even a direct hand gesture if you’re not in a vehicle.
You must stop “as soon as possible” – not miles later, but it depends on how safe it is to do so immediately.
This offence encompasses more than just police chases. Even failing to pull over quickly for a roadside check is covered.

Common Evidence:

Police officer’s testimony about giving you a signal to stop and your subsequent actions.
Dashboard or body camera recordings.
Witness statements (if another officer or a civilian observed the events).
Physical evidence if a pursuit and damage to property or injuries were involved.

Penalties for Failing to Stop for Police

Failing to stop for police is a hybrid offence, meaning the Crown decides how to proceed:

Summary Conviction: Less serious cases.

Maximum Penalty: Up to 24 months in prison and/or a $5,000 fine.

Indictment: More serious cases, often involving dangerous driving during an attempt to flee.

Maximum Penalty: Up to 10 years in prison.

How We Can Help

Securing Your Release: An arrest for failing to stop for police can sometimes mean immediate release by the police, but a court date might be set. Other times, a bail hearing is required. We’ll fight to get you released on reasonable conditions.

Fighting the Charges: Every case turns on the specific facts. We’ll look closely to build a strong defence:

You didn’t see or hear the signal to stop.
It wasn’t safe to immediately pull over due to traffic conditions.
You were not the person driving the vehicle (mistaken identity).
Evidence is insufficient to prove you intended to flee from police.

Frequently Asked Questions

What if I panic and keep driving for a bit, but then pull over?

You might still be charged, but the initial panic can be a factor in how the Crown proceeds and potential sentencing.

Is it worse if it's a high-speed chase?

Absolutely. Penalties escalate if your attempts to flee caused danger to the public.

Will this automatically go on my criminal record?

This is a serious criminal offence, with a conviction likely to carry that consequence.

Let's Talk About Your Case

Failing to stop for police charges can range in severity, carrying potential for fines, jail time, and driving suspensions. Don’t underestimate the consequences. Contact us today for a free case review to discuss your situation and potential defences.

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