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Flight From Police Officer (Criminal)

A police officer, in the lawful execution of their duties, has the authority to require a motor vehicle driver to stop. If a police officer, clearly identifiable as such, signals or requests a driver to stop, the driver must immediately bring the vehicle to a safe halt.

Failure to comply can result in a conviction for the offense, with penalties ranging from a fine of $1,000 to $10,000, imprisonment for up to six months, or both.

More severe consequences apply if you are convicted of deliberately evading police, especially if an officer is in pursuit. These penalties include fines between $5,000 and $25,000, and imprisonment for a minimum of 14 days up to six months. Additionally, your driver's license will be suspended for five years, or from 10 years to a lifetime in cases involving death or bodily harm.

Penalties for Convictions Related to Failing to Stop for a Police Officer

*Both fine and imprisonment may apply.

The penalties for failing to stop for a police officer and for failing to stop when pursued by police are as follows:

Demerit Points: A conviction for failing to stop for a police officer results in 7 demerit points being added to the driver's record. However, there are no demerit points added for a conviction of failing to stop when pursued by police.
Discretionary Suspension: There is no discretionary suspension for a simple failing to stop for police conviction. In contrast, a conviction for failing to stop when pursued by police can result in a driver’s license suspension ranging from 5 years to a lifetime, especially if the incident caused death or bodily harm.
Fine: The fine for failing to stop for police ranges from $1,000 to $10,000. For failing to stop during a police pursuit, the fine increases to between $5,000 and $25,000.
Imprisonment: Conviction for failing to stop for a police officer can lead to imprisonment for up to 6 months. For failing to stop during a pursuit, the imprisonment term ranges from a minimum of 14 days to a maximum of 6 months.

If no suspension of the driver’s license is imposed, seven demerit points will be added to the driver's record. For more information on how the demerit point system operates, please consult the relevant sections.

Since failing to stop for a police officer is considered a strict liability offense, a due diligence defense is permissible. If you can reasonably demonstrate unawareness of the police's attempt to stop you, you may receive a lesser punishment.

Other defenses may also be applicable.

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