Evading police

Evading police is one of the toughest charges on the road

Queensland has some of the harshest evade-police laws in the country. A conviction means a mandatory 2-year disqualification, a minimum of 50 penalty units or 50 days in prison, and no work licence. It’s one of the leading reasons people are jailed for a driving offence — so what happens next matters enormously.

Written and reviewed by Steven Brough, founder · practising in Queensland courts for 25+ years · Last updated 9 July 2026

2 years

mandatory disqualification

50 days

prison — or 50 penalty units, minimum

No licence

work or hardship, during it

Charged, or served an evasion notice? Talk to our team today — free.

We’ll call you back around 15 minutes in business hours — Belinda or Sara.

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The honest picture

What an evading police charge in Queensland actually means

Evading police — also called failure to stop — is charged under section 754 of the Police Powers and Responsibilities Act, and it carries penalties among the harshest of any traffic offence in Queensland. Six things are worth knowing before your court date:

1 It doesn't need a high-speed chase

Simply failing to stop when a police officer in a police vehicle directs you to — or stopping and then driving off — is enough. There’s no need for a dramatic pursuit for the charge to apply.

2 There's a mandatory minimum penalty

50 penalty units (about 50 penalty units (currently $8,635)) or 50 days imprisonment served wholly in a corrective services facility. This is one of the leading reasons people are jailed for a driving offence in Queensland.

3 A mandatory 2-year disqualification — no work licence

On conviction your licence is disqualified for 2 years, and there is no work or hardship licence available. Avoiding the conviction, or reducing the charge, is the only way to protect your licence.

4 "Failure to stop" is the same charge

Evading police, failure to stop and an “evasion offence” all refer to the same section 754 charge. Don’t be reassured by a milder-sounding name — the penalties are identical.

5 An evasion notice has a 4-business-day deadline

If police couldn’t safely intercept the car, they serve an evasion offence notice on the registered owner. You have just 14 business days to declare who was driving — miss it and you can be deemed the driver yourself.

6 It can often be negotiated down

Through case conferencing, an evade charge can sometimes be reduced to a lesser offence — such as failing to comply with a direction under s 60 — which carries no mandatory prison and no mandatory disqualification. Getting a lawyer in early is what makes that possible.

Penalties at a glance — first offence

The mandatory minimum

50 units or 50 days prison

≈ 50 penalty units (currently $8,635) fine, or 50 days served wholly in prison · mandatory 2-year disqualification · · no work licence · Magistrates Court.

The maximum

Up to 3 years

200 penalty units (≈ $34,540) or 3 years imprisonment · type 1 hooning — vehicle impounded 90 days, and confiscation possible on a second offence.

A penalty unit is currently $172.70. The court’s ability to impose probation or community service instead of the minimum has been narrowed over the years — which is exactly why how the charge is run matters. The first phone call is free.

Got an evasion notice in the mail?

You have 14 business days to respond.

If police couldn’t intercept the vehicle, they serve the registered owner an evasion offence notice. You must give police a declaration naming the driver within 14 business days — or you can be deemed to be the driver and charged yourself. The declaration has to be completed correctly, so get advice straight away.

Charged with evading police, or panicked and didn't stop? What you do next decides whether you keep your licence — and your freedom.

Check in 30 seconds

What's your situation?

Evading police reaches people in three very different ways. Pick the one that fits to see what it means and, more importantly, what to do next — some of these are genuinely time-critical.

If you're disqualified, there's no work licence.

And an evasion notice runs on a 4-business-day clock. Whichever applies to you, the sooner you call, the more we can do.

General guidance only, not legal advice. Confirm your situation with a lawyer on 1300 952 255, free.

Which charge are you facing?

Minimum penalty

50 units or 50 days

Minimum penalty

50 units or 50 days

Which court

Magistrates Court

Work licence

Not available

This is a serious charge and one of the leading reasons people are jailed for a driving offence. The maximum is 200 penalty units or 3 years' imprisonment. The priority is testing the brief for defences and case-conferencing the charge down to a lesser offence — such as failing to comply with a direction under s 60 — which carries no mandatory prison and no mandatory disqualification. Call us before your court date.

Don’t face this without an experienced traffic lawyer — call 1300 952 255, free, 7 days.

Your deadline

14 business days

If you don’t respond

50 units or 50 days

What to do

Lodge a declaration

When to get advice

Immediately

An evasion offence notice is served on the registered owner when police couldn't intercept the vehicle. You have just 14 business days to give police a declaration identifying who was driving — miss it and the law can deem you to be the driver and charge you with the full evade offence. The declaration must be completed correctly, so call us straight away and we'll make sure it's done right and on time.

Don’t face this without an experienced traffic lawyer — call 1300 952 255, free, 7 days.

The mechanism

Statutory declaration

Deadline

14 business days

Accurate & properly made

Must be

Get advice

Before you sign

If your car was involved but you weren't driving, you respond to the evasion notice with a declaration naming the actual driver. It has to be accurate and properly completed within 14 business days, or you can be deemed the driver yourself. Don't guess your way through it — we'll make sure the declaration is done correctly so the charge lands where it belongs, not on you.

Don’t face this without an experienced traffic lawyer — call 1300 952 255, free, 7 days.

What we actually do

How we keep you out of prison and protect your licence

The charge reduced where we can, prison avoided, and the disqualification kept off you. On an evade charge, that work starts the moment you call.

We act fast — especially on evasion notices

If a notice has arrived, the 14-business-day declaration clock is already running. We make sure it’s completed correctly and on time, and protect your right to silence before you say anything to police.

01 We get the brief and look for defences

We obtain the QP9 and your traffic history, then test the case: did you stop as soon as practicable, would a reasonable person have stopped, was the officer in a police vehicle, was the direction clear, and were you even the driver? If there’s a defence, we find it.

02 We case-conference to reduce the charge

This is where cases are won. Through case conferencing we push to have the evade charge reduced to a lesser offence — such as failing to comply with a direction under s 60 — which carries no mandatory prison and no mandatory disqualification, or to have it withdrawn where the case is weak.

Charge down

03 We build mitigation to keep you out of prison

Because prison is a real risk, we build the strongest possible case in mitigation — a QTOP course (it runs over 4 days, and we’re a proud sponsor), character references, counselling or medical material where relevant, and an explanation of why it happened.

04 We tailor every word to your result

If the charge can’t be reduced, our submissions are built around you — why it happened, your remorse and rehabilitation, and everything that argues for a fine over the 50 days, and against the disqualification going any further than it must.

05 Your lawyer stands and speaks for you

In most cases you won’t have to say a word. Your matter is heard early, your lawyer puts your case, and you leave knowing your outcome and next steps — not guessing.

06

Fixed fee, quoted in writing upfront — no hidden charges, and the money stays in trust until you authorise it.

Steven Brough · Founder · Queensland Law Society member · 25+ years in Queensland courts

Steven's approach

On a charge that puts people in prison, experience is everything.

Steven founded the firm in 2010 and has spent 25+ years in Queensland courts. Evading police is one of the few traffic charges where prison is genuinely on the table — and the difference between a criminal conviction with a 2-year disqualification and a reduced charge with no disqualification at all comes down to how early and how well the case is run.

His method: respond to any evasion notice correctly and on time, protect your right to silence, get the brief and test it hard for defences, case-conference with the prosecutor to reduce or withdraw the charge, and build genuine mitigation — QTOP (we're a proud sponsor), references, counselling where relevant — then put your story properly, in person, to the magistrate.

We've had evade charges reduced to lesser offences with no disqualification, and kept clients out of prison who arrived expecting to be jailed. And before you spend a cent, we'll tell you the honest, realistic range for your case.

QTOP sponsor

5,000+ matters run

Fixed fee, quoted upfront

2 minutes — the penalties, evasion notices, and how we reduce the charge, from Steven

Diving deeper

Want the full picture on evading police?

Steven has written a complete guide to evading police in Queensland — the law, the penalties, evasion notices, case conferencing and the defences. Here’s the short version.

The law — s 754

A police officer in a police vehicle must give you a direction to stop. Failing to stop, or stopping and driving off, as soon as reasonably practicable is the offence — no chase required.

The harsh penalty

A mandatory minimum of 50 penalty units or 50 days in prison, a mandatory 2-year disqualification, no work licence, and up to 3 years’ imprisonment at the top end.

Evasion notices

Served on the registered owner when police couldn’t intercept. You have 14 business days to declare the driver, or be deemed the driver yourself. Timing is everything.

Facts & myths

“Failure to stop” isn’t a lighter charge — it’s the same one. There’s no work licence. And it can often be case-conferenced down to a lesser offence with no disqualification.

What the law actually requires

Under section 754 of the Police Powers and Responsibilities Act, the offence has specific ingredients the prosecution must prove: a police officer, in a police vehicle, gave a direction to stop; you were the driver; and you failed to stop (or stopped and then drove off) as soon as it was reasonably practicable. If any element is missing — for example the officer wasn’t in a police vehicle, or the direction was never clearly given — the charge may not be made out.

The penalty, and why it's so severe

Queensland deliberately made evading police one of the harshest driving offences. The mandatory minimum is 50 penalty units or 50 days imprisonment served wholly in custody, with a mandatory 2-year disqualification and no work licence — and the courts’ scope to impose a lighter alternative has been narrowed. That’s precisely why the goal is usually to avoid a conviction for the evade charge itself.

Evasion offence notices explained

Where police can’t safely intercept a vehicle, they can later serve an evasion offence notice on the registered owner. You then have 14 business days to give police a declaration stating who was driving. Fail to respond in time and the law can deem you — the registered owner — to be the driver, exposing you to the full charge. The declaration must be accurate and properly made, so this is the moment to get advice, not after.

Case conferencing & negotiation

Case conferencing is a formal process of negotiating with the police prosecutor before a matter is finalised. On evade charges it’s often the key to a good result: we argue for the charge to be reduced to a lesser offence such as failing to comply with a direction under s 60 — which carries no mandatory imprisonment and no mandatory disqualification — for the facts to be put more favourably, or for the charge to be withdrawn where the prosecution case is weak.

Possible defences

Depending on the facts: that you stopped as soon as it was reasonably practicable; that a reasonable person in your position would not have stopped (for example a genuine, well-founded fear for personal safety); that the officer was not in a police vehicle or no clear direction was given; or that you simply were not the driver. Each turns on the detail in the brief, which is why it must be examined closely.

Your vehicle — type 1 hooning

Evading police is a type 1 hooning offence. That means the vehicle you were driving can be impounded for 90 days on a first offence, and on a second offence within 5 years it can be impounded and ultimately confiscated at the end of the proceedings — even if you don’t own it. These consequences run alongside the court penalty, so they need to be managed too.

Your first steps

Most people we act for aren’t reckless — they panicked, didn’t realise it was police, or made a split-second decision they’d take back in a heartbeat. There’s no judgement here. The best thing you can do is get advice early: you must give police your name, date of birth and address, but beyond that you have the right to stay silent, and it’s usually wise to use it and talk to a lawyer before answering questions. The sooner we have your QP9 and traffic history, the sooner we can look for defences and start working the charge down.

It's a criminal charge, not a traffic one

Unlike drink or drug driving, evading police is treated as a criminal offence, not a traffic matter — so a conviction can be recorded on your criminal history, not just your traffic record. That’s a lasting consequence for employment, travel and background checks, on top of the fine, the jail exposure and the two-year disqualification. It’s a large part of why the real goal is so often to avoid a conviction for the evade charge itself.

General information only, not legal advice. Every matter turns on its own facts — call 1300 952 255 for free, specific advice.

Courts we attend

A local evade police lawyer, whichever court you're in

From Southport to Hervey Bay and everywhere in between, we appear in these Magistrates Courts every week. Tap your court for a page written specifically for it — parking, listing days, and what to expect on the day.

Brisbane

Milton office

North Brisbane

Brendale office

Gold Coast

Bundall office

Sunshine Coast

Maroochydore office

Ipswich

Ipswich office

Logan

Loganholme office

Toowoomba

Toowoomba office

Hervey Bay

Hervey Bay office

Belinda Smyth · Director & Client Services Manager · 24 years in the legal industry — she and Sara take your calls

How we operate

What happens when you contact us

No scripts. No sales pitch. No chasing or hounding. At worst, you hang up knowing more about your charge than when you called.

01 Belinda or Sara takes your call

Our client services team answer every call themselves — no call centre, no scripts. Immediate answers at no cost, and your details go straight to a lawyer. Court tomorrow? Say so — we take urgent matters.

02 A fixed quote lands in your inbox the same day

With extra information relevant to your charge — so you understand your matter whether you engage us or not. If you engage us the money stays in our trust account until you authorise it.

03 You decide, on your own time

Sleep on it. Compare it. If you’d rather another firm, that’s fine — no pressure.

04 Engaged? An experienced lawyer takes it from there

You get your lawyer’s direct mobile and email. Every one of our lawyers is in court every week — you’re never handed to someone learning on your matter.

Frequently asked questions

Asked at 2am, answered here

These are the questions clients ask us most in the first phone call. Anything else — the call is free: 1300 952 255.

What is evading police (failure to stop) in Queensland?

Evading police is an offence under s 754 of the Police Powers and Responsibilities Act. It happens where a police officer in a police vehicle directs you to stop and you fail to stop — or stop and then drive off — as soon as reasonably practicable. It’s also called failure to stop or an evasion offence; all the same charge, heard in the Magistrates Court, and no high-speed chase is required.

Will I go to jail for evading police in Queensland?

Prison is a real risk — evading police is one of the leading reasons people are sentenced to imprisonment for a driving offence. The mandatory minimum is 50 penalty units or 50 days imprisonment served wholly in custody. Experienced representation aimed at reducing the charge and building strong mitigation is often what keeps people out of prison.

What is the minimum penalty for evading police?

The mandatory minimum is 50 penalty units (about 50 penalty units (currently $8,635)) or 50 days imprisonment, plus a mandatory 2-year disqualification. The maximum is 200 penalty units (about $34,540) or 3 years imprisonment, and there’s no work or hardship licence available.

Can I get a work licence if disqualified for evading police?

No — there’s no work or hardship licence for an evading police disqualification, which is a mandatory 2 years. That’s why reducing the charge to a lesser offence that carries no disqualification is so important, and why getting advice early matters.

I've received an evasion offence notice in the mail — what do I do?

If police couldn’t safely intercept the vehicle, they can serve an evasion offence notice on the registered owner. You then have 14 business days to give police a declaration identifying who was driving. Miss that deadline and you can be deemed the driver and charged yourself — so get advice immediately and make sure the declaration is done correctly.

Can an evading police charge be reduced?

Often yes. Through case conferencing with the prosecutor, an evade charge can sometimes be reduced to a lesser offence — such as failing to comply with a direction under s 60 — which carries no mandatory imprisonment and no mandatory disqualification. It’s frequently the single most valuable thing a lawyer does on these matters.

What are the defences to evading police?

Possible defences include that you stopped as soon as it was reasonably practicable, that a reasonable person in your position wouldn’t have stopped (for example a genuine fear for your safety), that the officer wasn’t in a police vehicle or the direction wasn’t given clearly, or that you weren’t the driver. Every case turns on its facts, so the brief needs close examination.

Is evading police the same as a police pursuit or failure to stop?

Yes — evading police, failure to stop and evasion offence all refer to the same s 754 charge. It doesn’t require a high-speed chase; simply failing to stop when directed, or driving off after stopping, is enough to be charged.

From our clients

Kept out of prison, kept driving.

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4.9 on Google

“Thank you Russell & Belinda ! Your Experience and Professionalism helped me out immensely. The matter was sorted with meticulous planning . Personal attention was never neglected and you were available and comforted me in the most difficult of times. All the best and thank you once again.”

Niiranjjan B Taste — Google review

“Braden Milburn and the Clarity team did an outstanding job representing me. His professionalism, expertise, and dedication were evident throughout my case, and I’m incredibly grateful for his excellent work and support. Highly recommend!”

Zachary Liddle — Google review

“Nothing short of perfect service and a fantastic outcome, Highly recommended and very stress free. Belinda and Russell know how to ensure the best possible outcome for the given situation.”

Andrew Gilbert — Google review

“Definitely recommended Russell and Belinda.. Russell couldn’t of helped my partner anymore best outcome 100 percent recommend and so very grateful for Russell .”

Lisa Renwick — Google review

“I appreciated having Russell appear for me in court in regards to my DUI charge. He was very professional and made attending court a lot less stressful. Clarity Law also charged a lot less than other businesses.”

Jason Sproule — Google review

“I found myself wrongly charged so I needed the best professional, ethical and honest representation, so I engaged Clarity law and Jacob Pruden successfully had the charges dismissed .We couldn’t have asked for a better outcome! IF you want the best results, don’t hesitate to call Clarity law Maroochydore.”

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