The charge of evading the police is very serious. The severity is particularly prominent in Queensland.
The Police Powers and Responsibilities Act 2000 – SECT 754 outlines how police hold the right to signal drivers to stop or pull over, and any subsequent failure to do so as soon as reasonably practicable could lead to an evasion offence. See below:
54 Evasion offence
(1) This section applies if, in the exercise of a power under an Act, a police officer using a police service motor vehicle gives the driver of another motor vehicle a direction to stop the motor vehicle the driver is driving.
(2) The driver of the motor vehicle must stop the motor vehicle as soon as reasonably practicable if a reasonable person would stop the motor vehicle in the circumstances.
Whether the police are pulling you over for an RBT, a speeding infringement, questioning or a vehicle search – they hold the right to do so. If a driver chooses not to pull over when requested, they could face the evading police charge.
Noticing The Signal to Stop
The Police Powers and Responsibilities Act 2000 section 748 also offers very clear guidelines on what the police must do when ordering a driver to stop. See below:
(c) the police officer signals to the driver of the other motor vehicle to stop the motor vehicle—
(i) by giving a physical or audible signal; or
(ii) by displaying a warning light or warning lights and sounding an alarm.
Subsequently, a possible defence for evasion could be the failure of correct signal on behalf of the police officer.
Remember your rights
If you are pulled over, it is important to remember your rights.
You can ask for proof of identity of the police, you can remain silent where it is not necessary to speak, and you have the right to record any witnesses’ names.
You can read more about your rights here
Penalties for Evasion
In Queensland, the possible penalties could be either (1) 50 penalties units or 50 days imprisonment, served wholly in a corrective services facility or (2) 200 penalties units or 3 years imprisonment.
There is also a two-year licence disqualification put in place if the court convicts the person of the offence.
Legal Support
To lessen the severity of your charge, enlisting an accredited Traffic Law specialist will be an ideal next step. You are deserving of the best representation.
Creevey Russell Lawyers, Roma, Toowoomba and Brisbane | Traffic Law
If you have been charged with a traffic-related offence, we will be able to assist you. Discover more about our dedicated Traffic Offences team here, or contact us today by phoning 07 3009 6555 - alternatively, email creeveyrussell@crlawyers.com.au.