Facing charges of Evade Police Officer in Qld?
When your job, reputation, and future are at risk, urgent advice from our leading Brisbane criminal lawyers is critical.
Early steps affect the outcome.
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Choosing the best criminal defence lawyer in Qld
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.
Our leading Brisbane criminal lawyers appear in all Queensland courts, and have extensive experience defending serious charges, with outcomes including:
not guilty verdicts;
reduced penalties;
negotiated charges; and
charges being discontinued.
If you are charged, seeking early advice from an experienced criminal defence lawyer will make a difference to the outcome. Call us, or fill in our Quick Enquiry form to receive a link to our free guide, 16 Things You Need to Do Now if Charged with a Criminal Offence.
If you are charged or being investigated, seeking early advice will make a difference to the outcome.
Call us, or fill in our Quick Enquiry form to receive a link to our free guide, 16 Things You Need to Do Now if Charged with a Criminal Offence.
FAQ - Keypoints Evasion Offence in Qld
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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.
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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.
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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.
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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
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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.
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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.
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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
Facing serious charges in Qld?
If you or someone you know needs urgent legal advice, contact us now.
Call us on (07) 3012 6531 or fill in our Quick Enquiry form for a confidential discussion with our Brisbane criminal lawyers.