Evading police – Driving Law https://drivinglaw.contentmanagement.se Just another WordPress site Mon, 12 Oct 2026 10:57:45 +0000 en-US hourly 1 https://wordpress.org/?v=7.0.1 https://drivinglaw.contentmanagement.se/wp-content/uploads/2026/08/cropped-favicon-32x32-1-32x32.png Evading police – Driving Law https://drivinglaw.contentmanagement.se 32 32 Case Conferencing an Evade Police Charge https://drivinglaw.contentmanagement.se/blog/case-conferencing-an-evade-police-charge/ https://drivinglaw.contentmanagement.se/blog/case-conferencing-an-evade-police-charge/#respond Thu, 11 Jan 2024 12:54:00 +0000 https://drivinglaw.contentmanagement.se/?p=5343
It was a great start to the new year for Clarity Law as we finalised a matter and obtained fantastic outcome for the client. This outcome case as a result of diligent work and case conferencing with the Police Prosecution Corps.

The background

We were engaged to act for a client who had been approached by a police officer about an Evade Police offence. This is a significant charge, which carries a mandatory minimum penalty of either approximately a 50 penalty units (currently $8,635) fine or a custodial sentence of 50 days to be served in a custodial facility. On top of this penalty, the offence attracts a 2 year loss of licence. (see our full article on Evade Police here)
Our office took the initial consultation where the client advised us of what had occurred and what they had been served by the police. The client was served a Type 1 Vehicle related offence notice – which required the client to complete a Statutory Declaration advising if they were the driver of the vehicle at the alleged time of the offence.
We drafted the Statutory Declaration on the client’s behalf, taking care to ensure that what is written wasn’t taken as an admission of the quality of the driving. (Note Do not allow the police to draft your statutory declaration, or try and draft it yourself. You may bind yourself to a position that is not assistive). See our article on What happens if you are served an evasion notice?
The client was subsequently charged with an Evade Police offence. This was expected – it is commonly our advice that once you have been served with the notice, the police have made their mind up to charge you with an evade offence.

The outcome

Once the matter hit the court, we requested the dash camera and body worn camera footage of the police vehicle and arresting officer to review, with a view to negotiate the charges (this process is also called case conferencing). I reviewed the footage and determined that from what was there, it couldn’t be shown that the client had been given a lawful direction to stop. I drafted a submission on behalf of the client and sent to the prosecution.
The prosecution considered the submission and ultimately agreed to reduce the charge to a much lower offence of failing to stop for prescribed purpose. This offence is fine only.
Through a review of the evidence, and negotiation with the prosecutor our office was able to take a client from the brink of a period of imprisonment or a 50 penalty units (currently $8,635) fine and a 2 year loss of licence to a fine of around and no disqualification or conviction recorded.

So what?

So what, you might ask yourself – this doesn’t affect me or have any impact on my specific case. This article highlighting a legal win stands to demonstrate the benefit of having an experienced legal team in your corner. While there is never a guarantee that negotiating with police will succeed, engaging an experienced legal team gives you the best opportunity to secure you the most optimal legal outcome.

How do I get more information or engage you to act for me?

If you want to engage us or just need further information or advice then you can either;
  1. Use our contact form and we will contact you by email or phone at a time that suits you
  2. Call us on 1300 952 255seven days a week, 7am to 7pm
  3. Click hereto select a time for us to have a free 15 minute telephone conference with you
  4. Email steven@claritylaw.com.au
  5. Send us a message on Facebook Messenger
  6. Click the help button to the right and leave us a message
We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information. You won’t be chased or hounded to engage us.
For advice about your own situation, speak with our evading police lawyers — call 1300 952 255, 7am–7pm, 7 days.
Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our evading police page.
]]> https://drivinglaw.contentmanagement.se/blog/case-conferencing-an-evade-police-charge/feed/ 0 What Happens if You are Served an Evasion Notice? https://drivinglaw.contentmanagement.se/blog/what-happens-if-you-are-served-an-evasion-notice/ https://drivinglaw.contentmanagement.se/blog/what-happens-if-you-are-served-an-evasion-notice/#respond Tue, 12 Sep 2023 12:33:00 +0000 https://drivinglaw.contentmanagement.se/?p=6711
If you are served with an evasion notice it is critical to get urgent legal advice as the consequences of failing to do so are very serious.
This article summarises what an evasion charge is (also called fail to stop) and then goes on to discuss what is an evasion notice and what at the legal implications of being served one.

Understanding evasion charges

Evasion charges, commonly known as failing to stop, are treated with utmost seriousness in Queensland. The government has implemented some of the most stringent legislation in the country, reflecting their commitment to see those who evade the police face severe consequences.
To be charged with evading police in Queensland, Section 754 of the Police Powers and Responsibilities Act 2000 states that the driver of a motor vehicle must not fail to stop when directed by a police officer where a reasonable person would have stopped the vehicle given the circumstances. Essentially, if a police officer in a police vehicle attempts to stop a driver who fails to do so within a reasonable time, the driver is considered to have “evaded” the police.

Terminology: evading police vs. failure to stop vs. evasion offence

In practice, these terms are interchangeable and all refer to the same offence. In court proceedings, it is often referred to as either a “failure to stop” charge or an “evading police” charge.

Court jurisdiction

Cases involving an evading police charge are heard in the Magistrates Court.

Penalties for Evading Police

Determining the exact penalties for evading police can be complex. The law mandated a minimum penalty of 50 penalty units (currently $8,635) or actual imprisonment for 50 days. Plus a licence disqualification for 2 years.

Additional considerations

Evading police is also classified as a type 1 hooning charge, which carries significant consequences. For first-time Type 1 offences, the vehicle can be impounded or immobilized for 90 days. For a second offence, the vehicle may be impounded and potentially confiscated after legal proceedings.

Licence disqualification and work licences

The minimum disqualification period for evading police is two years. Unfortunately, individuals facing this charge are ineligible to apply for a work licence or special hardship licence.

What is an evasion notice?

An evasion notice is a formal document served on the owner of the motor vehicle allegedly involved in an evasion offence.
It must be personally served on the owner by the police.

What will the evasion notice state?

The evasion notice will set out the following:
  • when and where the offence was committed
  • the name and address of the person in whose name the motor vehicle was registered
  • when the offence was committed
  • that the owner must comply with the requirement to provide a statutory declaration within the 14 business days unless the owner has a reasonable excuse
  • the consequences if the owner does not comply with the requirement within the 14 business days, including an explanation of the application of section 756to the owner in any proceeding for the offence
  • the nature of the information the owner must include in the statutory declaration

As the owner what information do I need to provide to the police?

The owner must provide the name and address of the driver. If they do not know who the driver was they must provide all of the following information:
  • where the owner was when the evasion offence occurred
  • the usual location of the vehicle when it is not being used
  • the name and address of each person (a potential driver) known by the owner to have access to drive the vehicle when evasion offence occurred
  • the way each potential driver has access to drive the vehicle Example—A potential driver possesses a key for the vehicle and has access to where the vehicle is kept
  • how frequently each potential driver normally uses the vehicle and for how long each potential driver normally uses the vehicle
  • whether each potential driver uses the vehicle in connection with a business or for private use
  • whether the vehicle was reported as stolen, or otherwise being used without consent, when the evasion offence happened
  • the nature of the inquiries made by the owner to find out who was driving the vehicle when the evasion offence happened

What happens if I don’t reply to the evasion notice?

Unless the owner has a reasonable excuse they must comply with the evasion notice and provide the statutory declaration requested within 14 days.
If the owner does not do this then:
  • They can be fined up to 100 penalty units (currently $17,270); and
  • The owner will be taken to have been the driver of the vehicle when the alleged evasion offence occurred and will be prosecuted and subject to a further fine of 50 penalty units (currently $8,635) or 50 days in prison and a licence disqualification for 2 years.

I sold the vehicle before the evasion offence occurred!

You still need to complete the statutory declaration and provide the police with the name and address of the person to whom the vehicle was sold.

It was a family member who drove the car and I don’t want to get them in trouble

You need to get urgent legal advice as failure to comply with the evasion notice could see you declared the driver even if you weren’t.

How long do I have to comply with the evasion notice?

You have 14 days from the date the evasion notice was served on you.

What happens if I am declared to be the driver of the vehicle?

You can, and most likely will, be charged with evading police and subject to a 2 year licence disqualification, substantial fines or 50 days in prison if found guilty.

Examples

  1. Bob lends his car to a friend. The friend commits an evasion offence and then leaves the state. The police didn’t catch the driver and now serve an evasion notice on Bob. Bob must complete the statutory declaration correctly within 14 days or he will be considered the driver.
  1. Jacks’ car is stolen and the driver fails to stop for the police. The driver escapes the police. The police serve an evasion notice on Jack. Jack must still complete the statutory declaration in 14 days.
  1. Susan lets her roommates borrow her car when they need to. One of her room mates takes the car and evades the police. Susan gets served an evasion notice. She doesn’t know which roommate took the car and none of them admit to driving. Susan still needs to complete the statutory declaration in full setting out who had access to the car, how frequently they drive the car and what enquiries Susan made to find out who the driver was.
  1. Julie lets her son use her car. The son commits an evasion offence. Julie is served with an evasion notice. Julie doesn’t want to get her son in trouble and so doesn’t tell the police her son was the driver and doesn’t complete the statutory declaration in 14 days. After 14 days Julie is considered to be the driver and will be prosecuted and subject to the same harsh penalties as if she was the driver.

Do I really need to spend money getting a lawyer?

An evasion offence is one of the most serious traffic offences in Queensland. The offence carries harsh penalties, long periods of disqualification and the possibility a criminal offence will be recorded on a person criminal history.
The act is very technical and getting the statutory declaration incorrect could mean you are considered the driver. Remember if you don’t complete the statutory declaration you can be fined up to 100 penalty units (currently $17,270). Then you will be prosecuted as if you were the driver and face a further fine of 50 penalty units (currently $8,635) — up to 150 penalty units (currently $25,905) in maximum fines in total or 50 days in prison and a 2 year licence disqualification.
No one served an evasion notice should try and do it themselves, this is matter where engaging a lawyer is almost mandatory.

Summary

  • Evasion charges, also known as failing to stop, are treated very seriously in Queensland.
  • To be charged with evading police, a driver must fail to stop when directed by a police officer, where a reasonable person would have stopped in the circumstances.
  • Cases involving an evading police charge are heard in the Magistrates Court.
  • The court may now impose either a fine of 50 penalty units (currently $8,635) or imprisonment for 50 days served in prison for an evasion offence.
  • Evading police is also classified as a type 1 hooning charge, which can lead to vehicle impoundment or confiscation for repeat offences.
  • The minimum disqualification period for evading police is two years, and individuals cannot apply for a work or special hardship licence.
  • Possible defences to an evading police charge include arguments about the practicality of stopping, the reasonableness of not stopping, or issues related to the police officer’s direction to stop.
  • Responding promptly to an evasion notice and seeking urgent legal advice regarding the notice is crucial.
  • If you do not properly respond to an evasion notice you can be fined and declared to be the driver of the vehicle when the evasion offence occurred.
  • You must get legal advice if you are served an evasion notice.

How do I get more information or engage you to act for me?

If you want to engage us or just need further information or advice then you can either;
  1. Use our contact form and we will contact you by email or phone at a time that suits you
  2. Call us on 1300 952 255 seven days a week, 7am to 7pm
  3. Click here to select a time for us to have a free 15 minute telephone conference with you
  4. Email steven@claritylaw.com.au
  5. Send us a message on Facebook Messenger
  6. Click the help button at the bottom right and leave us a message
We are a no pressure law firm, we are happy to provide free initial information to assist you. If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost. All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission.
If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.
Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our  Evading police lawyers page.
]]> https://drivinglaw.contentmanagement.se/blog/what-happens-if-you-are-served-an-evasion-notice/feed/ 0 Defences to an Evading Police Charge https://drivinglaw.contentmanagement.se/blog/defences-to-an-evading-police-charge/ https://drivinglaw.contentmanagement.se/blog/defences-to-an-evading-police-charge/#respond Mon, 07 Sep 2015 07:42:00 +0000 https://drivinglaw.contentmanagement.se/?p=2598

Defences to a charge of evading police

The charge of evading police is an extremely serious charge with the Queensland Government enacting some of the toughest legislation in the country. The government have shown a continued desire to see people jailed for evading the police.
The question then becomes are there any defences to the charge of evading police?
First we will look at what evading police is, then the consequences and finally we will look at 5 potential defences.

What is evading police?

Section 754 of the Police Powers and Responsibilities Act 2000 (Qld) provides that to be charged with evading police (also called failure to stop) the driver of a motor vehicle must have failed stop the motor vehicle as soon as reasonably practicable after a police officer has directed them and a reasonable person would have stopped the motor vehicle in the circumstances.
Generally the offence would occur when a police officer in a police vehicle attempts to stop a driver who fails to do so within a reasonable time and thus evades police.

What is the punishment for evading police?

The law provides the penalty as:
  • Minimum penalty—50 penalty units or 50 days imprisonment
  • Maximum penalty — 200 penalty units (currently $34,540) or 3 years imprisonment
This meant that the court has to impose either a fine of 50 penalty units (currently $8,635) or a term of imprisonment of no less than 50 days.
The law also provides a minimum drivers licence disqualification of 2 years and unfortunately the court cannot grant a work licence or hardship licence.
Evading police is also classed as a type 1 hooning charge which can have quite severe consequences. For the first Type 1 offence, the vehicle can be impounded or immobilised for 90 days. For the second offence the vehicle can be impounded and may be confiscated at the end of any legal proceedings against you,

I’ve received an evasion notice because my car was involved in a police chase

If the police are unable to intercept the vehicle then they may choose to serve an evasion offence notice on the registered owner of the motor vehicle. If that occurs the owner of the motor vehicle has 14 business days to give a declaration to the police otherwise they will be deemed to be the driver of the vehicle involved in the evasion offence.
It is critical to respond to the evasion notice within the time limits and to get legal advice about that declaration.
We have a full article on what to do if you are served an evasion notice.

Are there any defences to the charge of evading police?

Some possible defences to an evasion charge might be that;
  1. the driver stopped the vehicle as soon as practical
  2. a reasonable person would not have stopped the vehicle in the circumstances
  3. the police officer was not in a police vehicle at the time of the direction to stop
  4. someone else was driving the vehicle
  5. the direction to stop was not given clearly and the driver did not realise they were directed to stop
Lets look at each of those defences in turn.

Defence 1: the driver stopped the vehicle as soon as practical

Whether the driver stopped the vehicle in time is obviously something that will be unique to each case and depends very much on the circumstances.

The courts have said that in relation to similar laws that;

“the question whether a measure is or is not reasonably practicable is one which requires no more than the making of a value judgment in light of all the facts. Nevertheless, three general propositions are to be discerned from the decided cases:

  • The phrase “reasonably practicable” means something narrower than “physically possible”
  • What is “reasonably practicable” is to be judged on the basis of what was known at the relevant time; and
  • To determine what is “reasonably practicable” it is necessary to balance the likelihood of the risk occurring against the cost, time and trouble necessary to avert that risk”
This defence will really come down to looking at all the facts and deciding at the time of the alleged offence did the driver stop as quickly but safely as possible given the road conditions at the time.

Defence 2: a reasonable person would not have stopped the vehicle in the circumstances

It is sufficient evidence of the commission of the offence if the evidence is that the driver, in failing to stop, took action to avoid being intercepted by a police officer.

Defence 3: the police officer was not in a police vehicle at the time of the direction to stop

This pretty obvious. The police officer must be using a police vehicle at the time they tried to stop the other vehicle. A police vehicle is not defined but would likely mean any vehicle owned by the Queensland police service.

Defence 4: someone else was driving the vehicle

Again this is pretty obvious if someone else was the driver then this would be a defence. It is critical to note that where the police have not been able to identify the driver they will serve an evasion notice on the owner of the vehicle. This requires the owner within 14 days to provide a statutory declaration that names the driver or if they claim not to know who the driver then the declaration must cover all of the following:
  • where the owner was when the evasion offence occurred
  • the usual location of the vehicle when it is not being used
  • the name and address of each person (a potential driver) known by the owner to have access to drive the vehicle when evasion offence occurred
  • the way each potential driver has access to drive the vehicle Example—A potential driver possesses a key for the vehicle and has access to where the vehicle is kept
  • how frequently each potential driver normally uses the vehicle and for how long each potential driver normally uses the vehicle
  • whether each potential driver uses the vehicle in connection with a business or for private use
  • whether the vehicle was reported as stolen, or otherwise being used without consent, when the evasion offence happened
  • the nature of the inquiries made by the owner to find out who was driving the vehicle when the evasion offence happened
If they don’t provide this information the owner can be declared the driver and subject to prosecution.

We have a full article on what to do if you are served an evasion notice.

Defence 5: the direction to stop was not given clearly and the driver did not realise they were directed to stop

The law sets out how the police must give a direction to stop. The law states that to give a direction the following must occur:
  • the police officer is in or on a Queensland police service motor vehicle that is being used to attempt to intercept the motor vehicle the driver is driving; and
  • the driver of the police service motor vehicle brings that motor vehicle to a position in relation to the other motor vehicle where the driver or another police officer in or on the police service motor vehicle can give the driver of the other motor vehicle a direction to stop the other motor vehicle; and
  • the police officer signals to the driver of the other motor vehicle to stop the motor vehicle—
    • by giving a physical or audible signal; or
    • by displaying a warning light or warning lights and sounding an alarm.
A warning light is defined as:
  • flashing blue and red lights;
  • a flashing blue light;
  • another flashing light, including alternately flashing headlights and alternately flashing tail-lights.
It is immaterial that the driver had a mistaken belief that the motor vehicle from which the police officer was giving the direction was an emergency vehicle unless the driver proves, on the balance of probabilities, that a reasonable person in the circumstances would have believed the motor vehicle was an emergency vehicle.
An emergency vehicle is listed as any of the following:
  • the Queensland Ambulance Service
  • an ambulance service of another State
  • the Queensland Fire and Emergency Service
  • fire brigade or service of another State.
This is very complicated area of law and you will need legal advice to determine if you have any defences to an evasion charge.

Summary of evading police offence and potential defences

  1. Definition of Evading Police

    • Failure to stop a motor vehicle promptly after a police officer has directed them.
    • Occurs when a driver fails to stop within a reasonable time, evading police.

  2. Penalties for Evading Police

    • Minimum: 50 penalty units or 50 days imprisonment.
    • Minimum 2-year driver’s license disqualification; no work or hardship license available.
    • Classified as a Type 1 hooning charge with additional consequences for repeat offenses.

  3. Evasion Notice for Vehicle Owners

    • If police can’t intercept the vehicle, they may serve an evasion notice on the registered owner.
    • Owner must respond within 14 business days, providing a declaration about the driver’s identity.

  4. Potential Defences:

    • Defence 1: Driver Stopped Promptly

      • Depends on unique circumstances of each case.
      • Courts consider if the driver stopped as quickly and safely as possible given road conditions at the time.

    • Defence 2: Reasonable Person Wouldn’t Have Stopped

      • Sufficient evidence to prove charge if the driver took action to avoid interception by a police officer.

    • Defence 3: Officer Not in Police Vehicle

      • Police officer must be in or near a police vehicle at the time of the direction to stop.

    • Defence 4: Someone Else Was Driving

      • Clear defence if someone else was the driver.
      • If the driver can’t be identified, an evasion notice may be served on the owner.

    • Defence 5: Unclear Direction to Stop

      • Specifies how police must give a direction to stop.
      • Driver’s belief about the police vehicle being an emergency vehicle is immaterial, unless proven reasonable.

How do I get more information or engage you to act for me?

If you want to engage us or just need further information or advice then you can either;
  1. Use our contact form and we will contact you by email or phone at a time that suits you
  2. Call us on 1300 952 255 seven days a week, 7am to 7pm
  3. Click here to select a time for us to have a free 15 minute telephone conference with you
  4. Email steven@claritylaw.com.au
  5. Send us a message on Facebook Messenger
  6. Click the help button at the bottom right and leave us a message
We are a no pressure law firm, we are happy to provide free initial information to assist you with information on failure to stop charges and any defences. If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost. All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission.
If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

Need more information?

We have a range of articles on our traffic law blog. Some of the most recent have included:
Charged and unsure what this means for you? This article is general information, not legal advice. For advice on your exact situation, call 1300 952 255 — free, 7am–7pm, 7 days — or visit our Evading police lawyers page.
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