Failing to Stop for a Police Officer in Alberta
What You Need to Know
In Alberta, failing to stop for a police officer when signalled is a serious criminal offence with significant legal consequences. The charge, often referred to as "flight from a peace officer," is governed by section 320.16 of the Criminal Code of Canada. If you or someone you know has been charged with this offence, it is crucial to understand the implications and seek professional legal advice immediately.
Understanding the Offence
When a peace officer signals you to stop, whether for a routine check or because they suspect a crime, you are legally obligated to comply. Failing to do so can lead to criminal charges, which are more severe than a mere traffic violation under Alberta's Traffic Safety Act. This offence goes on your criminal record, which can affect your employment, housing, and other aspects of your life.
According to the Criminal Code, the offence is committed when a person:
Operates a motor vehicle (or vessel),
Is pursued by a peace officer, and
Fails, without reasonable excuse, to stop the vehicle as soon as is reasonable under the circumstances.
Peace officers in Alberta include members of the Calgary Police Service, the Royal Canadian Mounted Police (RCMP), and other law enforcement officials. If charged with failing to stop, you may also face additional charges like dangerous driving or impaired driving, further complicating your case.
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Penalties for Failing to Stop for Police
The penalties for failing to stop for a police officer vary depending on the specifics of your case and how the Crown prosecutor decides to proceed. This offence is classified as a hybrid offence, meaning it can be prosecuted either summarily or by indictment.
For summary conviction offences, you may face:
A fine ranging from $1,000 to $10,000,
Up to six months in jail, and
Seven demerit points on your driver’s licence.
For indictable offences, particularly if aggravating factors are involved, the penalties can be much more severe, including:
A fine between $5,000 and $25,000,
A minimum of 14 days in jail, and
A licence suspension of five to ten years, or even for life if your actions result in death or serious injury.
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Aggravating Factors
Certain circumstances can elevate the severity of your charge. Aggravating factors might include:
Causing injury or death,
Racing,
Having a child passenger under the age of 16,
Driving while impaired, unlicensed, or while working,
Willfully avoiding police during a pursuit.
In such cases, the penalties are more severe, and the likelihood of a significant jail term increases.
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Long-Term Consequences
Beyond immediate penalties, a conviction for failing to stop for a police officer can have long-term effects. A criminal record can hinder your ability to find employment, rent a home, or even travel outside of Canada. Additionally, your auto insurance premiums may skyrocket, and you could face difficulties with certain immigration matters.
Given the gravity of these consequences, it's vital to consult with an experienced criminal defence lawyer like Ryan Patmore before making any decisions, including whether to plead guilty.
To secure a conviction, the prosecution must prove four key elements:
You were operating a vehicle,
You were being pursued by law enforcement,
You were aware that you were being pursued, and
You did not stop as soon as was reasonably possible.
Several defences can be used to challenge these charges:
Reasonable Excuse: If you had a valid reason for not stopping, such as a medical emergency.
Lack of Knowledge: If you were unaware that police were pursuing you due to poor weather or another factor.
Violation of Constitutional Rights: If your rights under the Canadian Charter of Rights and Freedoms were violated during the police stop.
An experienced lawyer like Ryan Patmore will thoroughly review the facts of your case, challenge the prosecution's evidence, and work towards the best possible outcome, whether that means getting the charges dismissed, reducing the severity of the penalties, or avoiding a criminal record.