Failing to Stop for Police Lawyers in Toronto
Failing to stop for police is one of several criminal driving charges that can be filed against drivers in Toronto. It is the colloquial term for section 320.17 of the Criminal Code: Flight from peace officer. Failing to stop for police can often be accompanied by other criminal driving charges, such as impaired driving or dangerous driving.
Failing to stop for police is different from charges under the Highway Traffic Act of Ontario (e.g. careless driving) because with a criminal driving charge, the Toronto police will take your photograph and fingerprints and you will have a police file. A conviction for failing to stop for police may result in a criminal record, whereas convictions under the Highway Traffic Act will only appear on your Driver’s Abstract.
The Ontario justice system is staunchly committed to reducing the number of accidents on the roads and takes incidents of failing to stop for police very seriously. The Toronto Police Service is on guard against criminal driving offences.
The relevant provision for failing to stop for police in the Canadian Criminal Code is:
Flight from peace officer
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.
In order to convict you of failing to stop for police, the Crown must prove the following elements of the offence beyond a reasonable doubt:
- You were operating a motor vehicle, seagoing vessel, aircraft or railway equipment;
- You were pursued by law enforcement;
- You knew you were being pursued; and
- You did not stop your vehicle as soon as was reasonably possible.
In Toronto, this offence usually arises from failing to stop for a Toronto Police Service officer, however peace officers are widely defined in the Criminal Code. You can be charged with failing to stop for the RCMP, Canadian Forces, customs officers, and more.
Investigation of Failing to Stop for Police Charges in Toronto
A failing to stop for police investigation is usually initiated by the peace officer involved. The police will pursue you until they can safely stop you, or they will arrest you at the scene of an accident should one ensue. This offence often arises following high speed chases.
Because many peace officers are vested with powers authorizing arrest, a charge can flow directly from the alleged failure to stop and may rely solely on the statement of the officer. In their investigation, however, the police will likely also consult surveillance camera footage as well as written statements from any witnesses. This evidence will be used in the Crown’s case against you.
The Toronto Police Service takes all criminal driving offences seriously. They are equipped with the largest team of law enforcement officers in Canada to maintain traffic safety in the city. In fact, the Toronto Police is one of the largest municipal forces in North America, with 16 divisions of 5,500 officers. If you are arrested, police will take you to a Police District Office for processing. If you are not present at the scene, police will track you down or issue a warrant for your arrest.
After you have been charged, police will provide a package with all the evidence they collected, known as the “disclosure package,” to the Crown Prosecutor. You will have the right to access this disclosure package to see the evidence against you. Once you retain one of our lawyers, we will assist you in obtaining the disclosure package, and we will review it with you to assess the strengths and weaknesses of the Crown’s case, as well as any legal defences that may be available to you.
Bail Process and Conditions for Failing to Stop for Police Charges in Toronto
How do I get myself or a loved one out on bail for failing to stop for police charges in Toronto?
For most failure to stop for police charges, the police will release you with paperwork to attend court and obtain fingerprinting, and a formal bail hearing will not be necessary.
Where more serious circumstances are involved, such as with repeat offenders or where you caused a serious accident, a formal bail hearing may be necessary to secure your release.
In order to conduct a bail hearing, you will be taken to the Toronto Police Service Division that is responsible for the alleged crime. The bail hearing must be held within 24 hours, a period that starts from the moment of arrest or detention rather than the time when you are brought into the Division.
The phone number for each division is 416-808-[Division Number – 00], so for example, the number for 52 Division is 416-808-5200. The addresses for each Division of the Toronto Police Service can be found here.
Penalties for Failing to Stop for Police Charges in Toronto
Punishments for a conviction for failing to stop for police depend on a range of factors, and can include both criminal penalties imposed by the Toronto court system as well as a driving suspension.
Failing to stop for police is treated as a hybrid offence in Canada. This means that the Crown can choose to prosecute you summarily or by way of indictment. This decision will depend on the facts of your case, and your punishment will vary based on how the Crown chooses to proceed. Indictment is the more serious of the two.
For a failure to stop for police conviction, you can expect:
- Summary offence: Maximum of two years’ less a day imprisonment;
- Indictment: Maximum of 10 years’ imprisonment.
Some aggravating factors that will increase the likelihood of a harsher punishment are:
- Where you caused bodily harm or death;
- Where you were racing;
- Where there was a passenger under the age of 16 in the vehicle;
- Where you were being paid for operating the vehicle;
- Where you were impaired while operating the vehicle;
- Where you were operating a large motor vehicle; and
- Where you were not permitted to be operating the vehicle.
In addition to the immediate penalties resulting from a conviction for failing to stop for police, it can have wide-ranging negative consequences on your future. You may have difficulties securing employment in the area of your choice, especially in roles that require driving. Furthermore, your insurance rates will almost certainly increase (contact your insurance agency for specifics). One of the most serious long-term consequences is the lifelong criminal record that results from a conviction, which can hinder immigration and travel.
Therefore, even if you intend on accepting responsibility for this type of offence, it is worthwhile to explore your options and consider all the potential penalties. Often, good representation can result in no criminal record. Furthermore, a community-based sentence may be obtained even where the Crown is seeking jail time.
Rest assured, our lawyers will work hard to defend you so that you are not saddled with the consequences that stem from a failure to stop for police conviction. In fact, we can canvass a range of sentencing options with the Prosecutors that will either leave you with no criminal record or impose minimal restrictions on your liberty after sentencing. To learn more about potential non-criminal resolutions, please visit our Resolutions page, or read our FAQ on resolutions and other sentencing options.
Defending Failing to Stop for Police Charges in Toronto
What are the best defences to failing to stop for police charges in Toronto?
The defence that is best for you will depend on the circumstances of your offence.
Generally, some of the best defences to failing to stop for police are:
- Violation of constitutional rights: The Canadian Charter of Rights and Freedoms sets out your rights before and after your arrest. If the police fail to abide by these rights, it can aid your defence.
- Reasonable excuse: If you had good reason for evading police, such as a medical emergency, this can help combat a failing to stop for police charge.
- No knowledge: To succeed, the Crown must prove that you knew that you were being pursued by law enforcement. If there were circumstances that impeded you from noticing that the police were trying to stop you, such as poor weather conditions, this can help challenge the requisite mental element of the offence.
We will carefully review the entire police file, which may include expert reports from a traffic reconstructionist, witness statements, collision reports, photographs, and other documents pertaining to your case.
We will listen to your version of events, paying special attention to any evidence that bears on the following key issues:
- Did the police deploy all possible methods of getting your attention?
- Did the officers who claim you fled from them make detailed and accurate notes of your driving?
- Did the police video record your driving pattern? Is it consistent with their reports?
- Did you have a reasonable excuse for not stopping the vehicle (e.g. medical emergency)?
- Were there circumstances that prevented you from noticing the police were trying to get you to stop (e.g. hearing problems)?
There are other successful defence strategies that our experienced defence lawyers can take against failing to stop for police charges. Our team of lawyers will conduct a thorough review of the circumstances of your case, in order to decide what defences are available to you.
How can I help defend failing to stop for police charges in Toronto?
If you have been charged with failing to stop for police, the following actions can help your lawyer build a strong defence:
- Make a statement about what happened;
- Have passengers write down their observations of what happened;
- Collect and maintain all documents and records about the event;
- Gather any photographic evidence that you may have; and
- Log any relevant texts, emails or phone calls.
As soon as you are released on bail, you should start to gather information that may be of use to your lawyer. If you are uncertain what information may be relevant, contact one of our lawyers immediately to create a plan of action.
If you are truly proactive about the matter, consider doing the following:
- Secure proof of employment,
- Secure reference letters,
- Enroll in counselling (e.g. alcohol or drug rehabilitation),
- Secure a record of prescriptions, and
- Secure a record of any mental health conditions you suffer from.
These steps can be very helpful in building an effective defence (or convincing the Prosecutor to drop the charges altogether).
What can a lawyer do to help me defend against failing to stop for police charges in Toronto?
As we start preparing your defence by examining police actions and the evidence against you, there are certain defence strategies that can be used to aid your cause.
Some of these include:
- Assembling documents, photos, texts, etc. that contradict the allegation and support your version of events;
- Identifying mistakes in the actions of the police, such as Charter breaches; and
- Uncovering administrative/systemic errors, such as “Jordan delay,” non-disclosure, lost or destroyed evidence, etc.
Our experienced defence lawyers will use the most effective defence against the charges according to the precise circumstances of your case. Even if the charges proceed and you are found guilty, a good lawyer can significantly reduce the severity of the consequences for you.
What’s Next?
Most of the information above relates to simple failing to stop for police charges, which can become increasingly complex and fact-specific depending on the circumstances of your case.
We have tried our best to provide a general outline of what you can expect if you find yourself in this situation, but this is just the tip of the iceberg.
To learn more about how we can help, please contact our team of Criminal Driving Lawyers. We will conduct a thorough review of your situation and tailor a precise strategy that targets your successful defence.
