What is Failing to Stop for Police Offence?

Failing to stop for police when signalled or requested to do so is an offence that could result in jail time.

A split-second poor decision can have other serious consequences that continue to impact you even after you have served your sentence.

What is failing to stop for police offence?

Failing to stop for police is a serious offence in Canada.

You could be charged with this if a police officer signals you to pull over for any reason and you do not stop your vehicle – and you have no reasonable excuse for your actions.

The charge frequently accompanies other criminal charges, such as dangerous driving or impaired driving. Suspicion of such offences is often the main reason why a driver is asked to stop in the first place.

Failing to stop is termed “flight from peace officer” in the Criminal Code and is outlined as follows:

“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.”

This is considered a more serious offence than those punished under the Traffic Safety Act of Alberta. You will have a criminal record that will show up on background checks by employers, landlords, etc., rather than the offence merely appearing on your driving record.

Note that there is a more serious version of the offence that involves willfully avoiding the police during a pursuit.

What is a peace officer?

A peace officer is either an officer of the Calgary Police Service, Royal Canadian Mounted Police, or a member of the Canadian Forces or customs officer (amongst others).

Penalties for Failing to Stop for Police

There are both short-term penalties and longer-term consequences when it comes to failing to stop for police.

It is considered a “hybrid” offence (often called a “wobbler in the U.S.) as it may be prosecuted as an indictable or summary offence.

The punishments vary according to the decision by the prosecution whether to proceed as a summary or indictable offence.

A prison term of up to six months and/or a fine of between $1,000 and $10,000 can result. Seven demerit points will also be deducted from your driver’s licence.

Several aggravating factors can complicate the case and make jail time more likely, such as:

• An injury or death resulted
• Racing
• A child passenger under the age of 16 present in the vehicle
• Working at the time
• Driving was impaired
• No licence

Depending on whether you already have demerit points on your licence, the additional seven could result in a license suspension – just one of the harsh long-term consequences of the crime that you will have to face.

The lifelong criminal record you will be left with long after you have paid the fine can affect employment, housing, travel and immigration status (if you are a non-Canadian citizen).

With an experienced lawyer like Cory Wilson defending you, prison time is unlikely if you have an otherwise clean criminal history and failing to stop is the only offence you are charged with.

Penalties for failing to stop during a police pursuit

Failing to stop during a police pursuit is considered more serious than a standard failure to stop. You can be charged with willfully avoiding the police.

A conviction for this offence can lead to a fine of between $5,000 and $25,000. It also comes with a minimum imprisonment term of 14 days (up to six months).

You will also have your driving privileges taken away with a license suspension of five years – or ten years if death or bodily harm resulted from your reckless driving.

With such serious penalties associated with failing to stop offences, simply pleading “guilty” to the charge should not be an option…

At Wilson Criminal Defence, we can help you avoid paying a harsh price for the rest of your life due to a momentary lapse of judgement.

It’s critical for your future rights and freedoms that you defend the charges against you – and there are nearly always valid defences available.

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.

About Cory Wilson

Cory has represented individuals from all walks of life including lawyers, police officers, athletes, corporate executives, teachers, and everything in between. Cory believes in access to justice for every person charged with a criminal offence regardless of their economic background.