Failing to stop a motor vehicle when being pursued by a peace officer is a criminal offence. An offence is committed when the driver does not stop their vehicle without a reasonable excuse with the intent to evade the police officer.
Criminal Code Definition
Section 320.17 of the Criminal Code provides the following definition for flight from peace officer:
Everyone commits an offence who operates a motor vehicle or vessel while being pursued by a peace officer and who fails, without reasonable excuse, to stop the motor vehicle or vessel as soon as is reasonable in the circumstances.
Are you facing a flight from a peace officer charge? Call (306) 585-1777 for a free legal consultation.
What is Needed to Convict Someone of Flight From a Peace Officer?
The prosecution must prove that the culprit was operating a motor vehicle at the time of the incident and that the police pursued the vehicle in their own vehicle. It is important to establish that the culprit was aware that a peace officer was pursuing them.
Additionally, it needs to be demonstrated that the culprit failed to stop the vehicle as soon as reasonably possible given the circumstances. Furthermore, it should be established that there was no reasonable excuse for the failure to stop and that the culprit's intention was to evade the police. The speed of the chase, presence of dangerous driving behaviours during the pursuit, and whether any other individuals were put at risk will also be considered as evidence.
A criminal lawyer can advise you on the strength of your flight from a peace officer case and discuss the defences available. Call (306) 585-1777 to receive a free legal consultation.
Potential Penalties for Flight From Peace Officer
Flight from a peace officer is considered a hybrid offence under the Criminal Code. This means that the Crown prosecutor has the discretion to pursue the charge either as an indictable offence or a summary conviction.
Potential Criminal Code Penalties for Flight From Peace Officer
- Summary Conviction: Maximum of 2 years less a day imprisonment.
- Indictment: Maximum of 10 years imprisonment.
There is no minimum penalty for flight from a peace officer.
- Whether there were pedestrians or other vehicles present on the road.
- The condition of the road at the time.
- The offender operated the conveyance without permission under a federal or provincial act.
- The offender engaged in a race or speed contest with at least one other motor vehicle on a street, road, highway, or public place.
- The offender's blood alcohol concentration at the time of the offence was equal to or exceeded 120 mg of alcohol in 100 mL of blood.
- The offender received payment for operating the conveyance.
- The offender operated a large motor vehicle.
- A passenger under the age of 16 was present in the conveyance operated by the offender.
- The offence resulted in bodily harm or death to multiple individuals.
Dispositions Available for Flight From a Peace Officer
|Summary Disposition||Indictable Disposition|
Call (306) 585-1777 to receive a free legal consultation with a criminal lawyer. A lawyer can explain your options and the potential consequences of your flight from a peace officer charge.
Don’t Face Your Flight From a Peace Officer Charge Alone
An experienced criminal defence lawyer is essential when facing a flight from a peace officer charge. A lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your specific case.
Need a Criminal Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Lawyer
Don't hesitate to reach out to us if you have been charged with flight from a peace officer. Call (306) 585-1777 and a skilled criminal defence lawyer will discuss your case with you and explore your options.