Evading a peace officer while operating a motor vehicle is deemed a criminal offence. This offence is committed when a driver intentionally avoids stopping their vehicle without a justifiable reason, with the aim of escaping the police officer.
Criminal Code Definition
Section 320.17 of the Criminal Code provides the following definition for flight from a 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.
Have you been charged with flight from a peace officer charge? Call (855) 585-1777 for a free legal consultation.
Evidence Required to Convict for Flight From a Peace Officer
The prosecutor needs to establish that the offender was driving a motor vehicle during the incident and was pursued by the police in their own vehicle. The defendant's awareness that they were being pursued by a peace officer is crucial to ascertain.
Moreover, the prosecutor must show that the offender did not stop the vehicle as quickly as reasonably possible considering the situation. It should also be affirmed that there was no valid reason for the offender's failure to stop, and that the intention was to escape from the police. The speed of the pursuit, any reckless driving behaviours exhibited during the chase, and potential risks posed to others will also be evaluated as evidence.
A criminal lawyer can assess your flight from a peace officer case's merits and explore possible defences with you. Dial (855) 585-1777 for a free legal consultation.
Potential Consequences for Flight From Peace Officer
The offence of fleeing from a peace officer is classified as a hybrid offence under the Criminal Code. This signifies that the Crown prosecutor has the discretion to treat the charge as either an indictable offence or a summary conviction.
Possible 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.
Aggravating Factors
- The presence of pedestrians or other vehicles on the road at the time.
- The condition of the road during the incident.
- The offender drove the vehicle without permission under a federal or provincial act.
- The offender participated in a race or speed contest with at least one other vehicle on a public street, road, or place.
- The offender's blood alcohol level at the time of the offence was equal to or more than 120 mg of alcohol in 100 mL of blood.
- The offender was paid for driving the vehicle.
- The offender was operating a large motor vehicle.
- A passenger under the age of 16 was in the vehicle being operated by the offender.
- The offence caused bodily harm or multiple deaths.
Available Dispositions for Flight From a Peace Officer
| Summary Disposition | Indictable Disposition |
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Dial (855) 585-1777 for a free legal consultation with a criminal lawyer. An lawyer can clarify your options and the potential repercussions of your flight from a peace officer charge.
Don’t Fight Your Flight From a Peace Officer Charge Alone
A skilled criminal defence lawyer is crucial when dealing with a charge of flight from a peace officer. An lawyer can guide you through the complexities of the legal system, safeguard your rights, and craft a solid defence strategy specific to your case.
Get a Free Legal Consultation With a Criminal Lawyer
Do not hesitate to get in touch if you have been charged with flight from a peace officer. Dial (855) 585-1777 and a competent criminal defence lawyer will review your case and consider your alternatives with you.