Evading police is a serious offence in Queensland. If a police officer directs you to stop your vehicle, refusing to comply with their instructions is strictly against the law. Failing to pull over as soon as it is safe to do so can result in significant fines, the loss of your licence, and even jail time.

The Police Powers and Responsibilities Act 2000 gives police the authority to stop drivers for questioning, breath and swab tests, and vehicle searches. Declining to pull over for police is considered a contravention of the act, and can land you in serious trouble with the law.

Penalties for Evading Police

The penalties for police evasion charges can vary depending on the motorist’s driving history and the circumstances in which the offence was committed. However, even if the driver has a perfect traffic record, relatively harsh penalties will still apply due to the danger this crime poses to the public. Motorists who attempt to flee police often do so at high speed and with little regard for other road users.

The following penalties apply for failing to stop for police:

  • A $5,000 fine
  • Up to 12 months in jail
  • A 2-year disqualification period.

In serious cases of police evasion, these penalties may be increased to suit the severity of the crime.

What should I do if I have been charged with failing to stop?

If you have been charged with failing to stop for police, it’s advisable to seek legal counsel. Whether you’re planning to fight the charge or you simply want to avoid being handed down the maximum penalty, asking a legal professional for advice can improve the outcome of your case.

The sooner you get in touch with an experienced traffic lawyer, the sooner you can start building your defence.

Rights and Obligations of Drivers and Police

    Rights of Police

    If you’re facing an evading police charge, it’s important to consider the rights of the police. Avoiding punishment in these cases is almost impossible unless you can provide a valid reason for failing to pull over. The way the law is structured in Queensland gives police officers the right to pull people over for a variety of reasons, which is why this kind of charge can be so difficult to defend without the support of a lawyer.

    Rights of Drivers

    Drivers aren’t completely powerless when it comes to fighting police evasion charges. The court may accept some reasons as a form of defence for failing to pull over, but only if sufficient evidence can be provided. For example, if you confused the police with another emergency vehicle (such as an ambulance), this may be taken into consideration.
    However, using this kind of defence can backfire if you’re unable to verify your claims. A lawyer will be able to advise your rights.

If you’re facing an evading police charge, GC Traffic Lawyers can help you avoid an unreasonably harsh penalty. To learn more about contesting an evading police charge, get in touch with our team of experienced traffic lawyers today.