Criminal Law
Flight From a Peace Officer
Criminal Law
Flight From a Peace Officer
When a peace officer asks you to stop your vehicle for any reason, you are legally obligated to comply with this request. Any attempt to speed away from the spot to evade the arrest will lead to you being charged with the offence of flight from a peace officer under the Criminal Code. Based on the aggravating factors, the conviction for such an offence could land you in prison for a maximum of 10 years and leave you with a permanent criminal record. This is why you need to contact our experienced criminal defence lawyers at Nanda and Associate Lawyers at the earliest in such cases. With more than 20 years of experience in successfully defending our clients against such criminal charges, you can rely on our legal team to fight on your behalf in court.
What constitutes the flight from a peace officer offence?
Section 320.17 of the Criminal Code, under the Offences Related to Conveyances, defines the offence of flight from a peace officer as follows:
320.17 Everyone commits an offence who operates a motor vehicle or vessel while being pursued by a peace officer and who fails, without reasonable excuse, to stop the motor vehicle or vessel as soon as is reasonable in the circumstances.
What are the legal penalties for flight from a peace officer under the Criminal Code?
Flight from a peace officer is a hybrid offence. This means that, depending on the aggravating circumstances in the case, the Crown might choose to pursue the case either as an indictable offence or a summary conviction. As such, there is no minimum penalty mentioned in the Criminal Code for the offence.
- Indictable offence: If convicted, this could lead to a maximum legal penalty of imprisonment of 10 years.
- Summary conviction: Upon conviction, it could lead to a maximum legal penalty of imprisonment of 2 years less a day.
What are the aggravating factors applicable to a flight from a peace officer offence?
- There were pedestrians and other vehicles on the road at the time of the offence.
- The defendant’s blood alcohol level was found to be above 0.120, i.e., above 120 mg of alcohol in 100 ml of blood.
- At the time of the offence, one of the passengers in the vehicle was below the age of 16.
- The offence resulted in the death or bodily harm of one or more persons.
- At the time of the offence, the accused was prohibited from driving under the provisions of a federal or provincial act.
- The accused was found to be racing with another vehicle at the time of the offence.
- The condition of the road at the time of the offence is also treated as an aggravating factor.
- The accused was operating a large motor vehicle when committing the offence.
- The accused was paid to operate the vehicle while committing the offence.
How can our criminal defence lawyer help you?
As already mentioned, flight from a peace officer is considered a serious criminal offence under Canadian law, leading to a maximum imprisonment of 10 years in some cases. This is why it is important to have an experienced criminal defence lawyer fighting in your corner from day one. An experienced lawyer can help you with the following.
Legal advice and counsel
When charged with the alleged offence, you are well-advised to exercise your right to remain silent until you get a chance to talk to your lawyer. Your lawyer will advise you on your next course of action and help you with the legal procedures.
Defending your rights
Under Canadian law, regardless of the nature of the crime, law enforcement officials must follow the due process of the law without violating any of the defendant’s Charter Rights. In the event of any such violations, your lawyer may approach the court requesting the disqualification of the evidence collected in such a manner.
Bail hearing
Your lawyer will advocate on your behalf to secure the bail for you on favourable terms.
Negotiating the reduction of your charges
During the pre-trial stage, your lawyer will negotiate with the Crown to reduce the charges to a summary conviction, involving just a fine or probation if possible.
Legal representation in court
During the trial, your lawyer will present your side of the argument and fight to obtain the final court order in your favour.
We can Help
If you are facing criminal charges such as flight from a peace officer or any other driving-related offences, do not hesitate to reach out to our experienced criminal defence lawyers for support and assistance. Connect with our team for legal counsel and guidance in your case. Call us to schedule your consultation today.
Frequently Asked Questions
What is the difference between a police officer and a peace officer?
Peace officers are officials who have been granted law enforcement powers under specific legislation, and their authority is usually limited to that particular legislation and area alone. They are authorized to enforce specific laws within a particular jurisdiction. Some of the examples include conservation officers, sheriffs, and constables assigned to universities.
Police officers, on the other hand, are entrusted with broad authority under the Criminal Code and the federal, provincial, or municipal laws. Depending on their role, they have very wide authority to arrest, detain, and investigate charges within their jurisdictions.
Will I face imprisonment in my flight from a peace officer case?
The Criminal Code does not prescribe a minimum sentence for the offence of flight from a peace officer. Since it is a hybrid offence, the Crown has the discretion to pursue either the summary conviction or the indictable offence route in bringing the alleged charges against the accused. Various factors, such as the previous criminal record of the accused and the nature of the offence, will determine whether the Crown will pursue a jail sentence for the accused in the case. For example, if the accused’s actions put the lives of pedestrians on the road in danger, this aggravating factor might prompt the Crown to seek a jail term for the accused.
What is meant by the flight from a peace officer offence?
When you evade a peace officer without stopping your vehicle, this amounts to a criminal offence under section 320.17 of the Criminal Code. Depending on the aggravating factors accompanying the offence, such charges could result in a maximum penalty of up to 10 years in jail upon conviction.
I didn’t realize that the officer wanted me to stop the vehicle. Will I still be charged with the offence?
Yes. Your failure to see the signal from the peace officer to stop the vehicle will not be treated as a valid defence in such cases. You will still be charged with the alleged offence. However, if the signal from the peace officer was not clearly visible for some reason, your lawyer might be able to challenge these charges if they can prove this defence in court.
How will the prosecution prove the offence of flight from a peace officer in court?
In a criminal case, the burden of proof will be on the Crown to establish the charges against the accused beyond a reasonable doubt in court. To prove the offence of flight from a peace officer, the prosecution will be required to establish the following in court.
- The Crown must establish the identity of the person driving the vehicle.
- The prosecution must establish the fact that the peace officer clearly signalled to the driver to stop the vehicle.
- The driver failed to stop the vehicle within a reasonable time.
- The failure of the driver to stop the vehicle was intentional, and this was done to evade arrest.
- If there were other aggravating factors involved in the case, then the Crown must prove these also in court to be considered along with the charges.
What are the potential legal penalties I might face for a flight from a peace officer offence upon conviction?
Flight from a peace officer is a hybrid offence. This means that, depending on the aggravating circumstances of the case, the Crown might choose to pursue the case either as an indictable offence or a summary conviction. As such, there is no minimum penalty mentioned in the Criminal Code for the offence.
- Indictable offence: If convicted, this could lead to a maximum legal penalty of imprisonment of 10 years.
- Summary conviction: Upon conviction, it could lead to a maximum legal penalty of imprisonment of 2 years less a day.
Will I lose my driving license as a result of a conviction for a flight from a peace officer offence?
This will depend on the particular circumstances of your case. However, in most cases, the conviction could result in the automatic suspension of your driving license for a minimum period of one year. In serious cases or repeated offences, such suspension might be issued for a period of 5 or 10 years, or even for life.
What is a hybrid offence?
Under Canadian law, for certain offences, the Crown reserves the right to pursue either the indictable offence or the summary conviction route when bringing charges against the accused. This will depend on the aggravating factors in the case and the prior criminal record of the accused in similar offences. An indictable offence could result in serious legal penalties, including imprisonment, upon conviction. On the other hand, a summary conviction will involve shorter proceedings and lesser legal penalties.
Will my conviction for a flight from a peace officer offence lead to a permanent criminal record?
Yes. Any conviction for an offence under the Criminal Code will automatically lead to a permanent criminal record. This is why you need to engage the services of an experienced criminal defence lawyer from the beginning. Your lawyer will fight to get the charges dropped, overturned, or reduced to a simple fine or probation.
Can an off-duty police officer stop me and subject me to a breathalyzer test?
Yes. Under Canadian law, if an off-duty officer witnesses an instance of infraction, such as erratic driving or breaking of traffic rules, they have the authority to take action, such as asking the driver to stop their vehicle and subjecting the driver to a breathalyzer test. Such off-duty officers are deemed to retain their powers to take timely action against any violations of law they witness, even when they are off duty.
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