Facing charges of Evade Police Officer in Qld?

An evasion offence occurs when a driver fails to stop their vehicle as soon as reasonably practicable after being directed to do so by a police officer in a police service vehicle.

To prove the offence, the prosecution must show that:

• a police officer was exercising a legal power

• the direction to stop was given from a police service motor vehicle

• the driver failed to stop as soon as reasonably practicable

• a reasonable person in the same circumstances would have stopped.

The penalty includes mandatory minimum sentences. Upon conviction, the court must impose at least:

• 50 penalty units or

• 50 days imprisonment, served wholly in a corrective services facility.

The maximum penalty depends on circumstances:

• with an aggravating factor – up to 300 penalty units or 5 years imprisonment

• without aggravation – up to 200 penalty units or 3 years imprisonment

There is also a mandatory 2 year driver licence disqualification, with no eligibility for a restricted or work licence.

A penalty unit is a set monetary value used to calculate fines under Queensland law.

As of 1 July 2025, one penalty unit equals $166.90. This amount is updated annually.

The law increases the maximum penalty for an evasion offence where certain aggravating features are present, such as:

• committing the offence at night

• use of violence or threats of violence

• is or pretends to be armed with a dangerous weapon

• is in company with 1 or more persons

• damages any property

• prior convictions for similar offences

Yes. Possible defences may include:

• the police officer was not exercising a power under the law

• there was no safe or reasonable opportunity to stop at the time

• identity of the driver cannot be proven beyond reasonable doubt

• the driver made an honest and reasonable mistake of fact.

We have successfully negotiated a lesser offence that does not carry mandatory minimum penalties.

These alternative charges may involve fines or other penalties, but without a mandatory 2 year licence disqualification or jail term.

If charged, it is important to:

• avoid making admissions to police without legal advice

• confirm your court date and location

• obtain legal representation as soon as possible

• act quickly, as mandatory penalties apply on conviction