Evade Police
Have you been charged with an Evasion offence?
A charge of Evade Police under section 754 Police Powers and Responsibilities Act 2000 (Qld) is a serious offence in Queensland. It carries harsh mandatory penalties and can lead to significant fines, imprisonment, and licence disqualification.
If you are facing this charge, seeking immediate legal advice is crucial to understanding your options and ensuring the best possible defence. It is critical to seek advice early from an experienced criminal defence lawyer. Contact us today to discuss your defence strategy.
What is an Evasion Offence?
It is an offence for a driver to fail to stop their vehicle as soon as reasonably practicable when directed to do so by a police officer using a police service vehicle.
To prove the offence, the main elements the prosecution must prove include:
A police officer was exercising a power under the Act
The police officer was using a police service motor vehicle
The police officer gave a direction to stop
The driver did not stop as soon as reasonably practical
A reasonable person would have stopped the motor vehicle in the circumstance
What are the penalties for an Evasion offence?
The penalties for this offence are serious and include mandatory minimum sentences.
The minimum penalty upon conviction is 50 penalty units ($8,065) or 50 days imprisonment, which must be served wholly in a corrective services facility. The maximum penalty varies depending on whether aggravating circumstances apply:
If a circumstance of aggravation applies (e.g., committed at night, use of violence, prior convictions), the maximum penalty increases to 300 penalty units ($48,390) or 5 years imprisonment.
For all other cases, the maximum penalty is 200 penalty units ($32,260) or 3 years imprisonment.
As of 1 July 2024, the value of a penalty unit in Queensland is $161.30.
There is also a mandatory driver licence disqualification period of 2 years. There is no special work licence available which means a person must serve the 2 years without a driver licence.
Given the serious mandatory penalties, it is essential to seek legal advice to explore possible defences and alternative sentencing options where available.
What are the Defences available for Evading Police?
There are various legal strategies to defend this charge. Some possible defences include:
No power – The police officer was not exercising a power under the Act
No reasonable opportunity to stop – The driver did not have a safe or reasonable opportunity to stop at the time
Identity – The prosecution must prove beyond reasonable doubt that the accused was the driver
Genuine mistake – The driver held an honest and reasonable mistake of fact
Given the serious mandatory penalties which follow a conviction, it is crucial to explore other options before deciding to plead guilty.
Is it possible to negotiate the charge of evading police?
Yes, it is possible to negotiate the charge of evading police, and this is a common legal strategy for this offence.
There are alternative, lesser charges available under the law that do not carry a mandatory minimum penalty. In some cases, this may result in a fine without a licence disqualification period or imprisonment.
Our criminal defence lawyers have successfully negotiated reductions in this charge, securing less severe penalties for our clients. An experienced traffic lawyer can assess your case, explore potential weaknesses in the prosecution’s evidence, and engage in negotiations with the prosecution to achieve the best result.
What should I do if I am charged?
If you have been charged with evading police it is essential to:
Avoid making any admissions to police without legal advice
Know your court date and location
Seek legal representation immediately to understand your rights
Act quickly, as mandatory penalties apply upon conviction
Contact Us
If you or someone you know has been charged, contact Ashworth Lawyers today.
Call us on (07) 3012 6531 or complete a Quick Enquiry on our website for a confidential discussion with one of our experienced Brisbane criminal defence lawyers.