If you are accused of failing to stop for a police officer, your defence must begin as soon as you are charged.

That means resisting the temptation to say or do anything until you have taken legal advice.

No matter how compelling the evidence is against you or how reckless your actions were, do not admit guilt. Instead, exercise your right to remain silent and calmly ask to speak to your lawyer.

This applies whether you were requested to stop and didn’t or you actively avoided police during a pursuit.

Cory Wilson will listen to your version of events, examine the evidence carefully, and then advise you on the best possible defence for your alleged actions.

Elements the Crown must prove beyond a reasonable doubt

Before we can start working on your defence, we need to consider what the Crown must do to secure a conviction.

With a failing to stop charge, there are several elements to focus on, each of which the prosecution must prove beyond a reasonable doubt:

• The identity of the driver
• A request to stop was issued by a peace officer
• The defendant was aware that a request to stop had been issued
• The driver failed to stop as soon as was reasonable in the circumstances

Even if all of the above is proven, if the defendant can provide evidence of a reasonable excuse to explain his/her actions, it could constitute a valid defence against the charges.

In many cases, the police make an educated guess who the driver of the vehicle was – especially where the defendant evaded police and was not stopped.

Just because the vehicle is registered in your name or someone said you were in possession of the car at the time does not prove that you were the driver at the time of the pursuit.

The police have access to video surveillance equipment, dashcams, bodycams, and other technology these days, making proof somewhat easier. However, sometimes false claims of conclusive video evidence are made to force a confession.

This is why it is imperative to have your lawyer present when questioned by police. It is even possible, sometimes, to avoid being charged at all if it turns out that the police evidence against you was incomplete or that your rights were not respected.

Defences for failing to stop for police

If you are charged and the case proceeds to trial, several valid defences are available depending on the circumstances in your case.

Once Cory Wilson has discovered the facts of the case and your version of events, he will review the police file and begin working on your defence.

Can the prosecution prove every element of the case beyond a reasonable doubt? Often, one of the following defences can be used to call the prosecution’s version of events into question:

• Reasonable excuse: You had a good reason for failing to stop, such as a medical emergency.
• Lack of notice to stop: The police did not deploy all possible methods to get your attention and therefore you were not aware that you had to stop.
• No knowledge: You did not know you were being pursued and asked to stop, due to poor weather, poor hearing, or another reason.
• Factual inaccuracies: The lack of accurate and detailed notes taken by the police officer during the chase means that the facts of the case may be called into question (or do not back up the video evidence).

Violation of your constitutional rights is always a valid defence to a criminal charge. If the police violated your rights under the Canadian Charter of Rights and Freedoms, the case may be dismissed before it even gets to court.

Cory Wilson has employed defences such as these to help many drivers in Calgary escape serious punishment for an honest mistake or momentary lapse of judgement on the roads.

Call Us To Arrange A Confidential Consultation

To speak with Cory Wilson or arrange a free, no-obligation consultation with Wilson Criminal Defence, call 403-978-6052 or email us here.