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A police officer, in the lawful execution of their duties and responsibilities, may require the driver of a motor vehicle to stop. The driver of a motor vehicle, when signaled or requested to stop by a police officer who is readily identifiable as such, shall immediately come to a safe stop.
Anybody who fails to stop can be convicted of the offence and be subject to a fine of not less than $1,000 and not more than $10,000, to imprisonment for a term of not more than 6 months, or to both a fine and imprisonment.
If you are convicted of willfully avoiding police when an officer gives pursuit, you can face more serious penalties which could be a fine between $5,000 and $25,000 as well as a minimum imprisonment for a term of not less than 14 days and not more than six months. In addition, for driver’s licence will be suspended for five years, or 10 years to lifetime if there was death or bodily harm to any person.
Penalties* on Convictions Related to Failing to Stop Police Officer
| Type of Penalty | Failing to Stop by Police Conviction | Failing to Stop by Police Pursue Conviction |
|---|---|---|
| Demerit Points | 7 | - |
| Discretional Suspension | - | 5 years; or 10 years to lifetime if causing death or bodily harm |
| Fine | Between $1,000 and $10,000 | Between $5,000 and $25,000 |
| Imprisonment | Not more than 6 months | Not less than 14 days, but not more than 6 months |
If there is no suspension of the driver’s licence imposed, seven demerit points will be added to your driving record. For detailed information about how the demerit point system works, please refer to the “Demerit Points”.
Since failing to stop for police is a strict liability offence, a defence of due diligence is available. If you could show your belief, that there were no police trying to stop you, was reasonable, a different verdict should rendered such as a lesser punishment.
There are other possible defences as well.
