Failing to stop for police carries a mandatory minimum penalty. A conviction takes your licence, and police can impound your car. Talk to Joseph Rahim before you answer an owner notice or a police interview.
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The evasion offence is in section 754 of the Police Powers and Responsibilities Act 2000 (Qld). It applies when a police officer in a police vehicle directs a driver to stop.
Taking action to avoid being intercepted is enough evidence of failing to stop. Believing the vehicle was an ambulance or fire vehicle is only an answer if a reasonable person would have believed that too.
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The consequences are fixed by law and are firmer than most people expect.
An owner can apply for early release of an impounded vehicle in some situations, for example severe hardship, or where the offence happened without the owner’s consent.
Often police do not stop the car at all. They trace it through the registration and send the owner a notice.
A type 1 vehicle related offence notice requires the owner to make a statutory declaration about who was driving, and give it to police within 14 business days.
If the owner does not give the declaration as required, the owner is taken to have been the driver. It is then up to the owner to prove they were not the driver.
The deadline is short, and not answering can make you responsible for the offence as if you were driving.
If someone else was driving, the declaration is how you say so. Get advice before you name anyone.
What you say can be used as evidence of who was driving and why the car did not stop.
Joseph Rahim, Principal. LLB (First Class Honours), Grad Dip LP. Member, Queensland Law Society. About Joseph
When you call Coral Coast Law, you speak with Joseph Rahim, and he handles your matter himself.
Yes, if you are convicted. Disqualification follows the conviction automatically.
You have 14 business days to give police a statutory declaration. If you do not, you are taken to have been the driver. Get advice before you fill it in.
Yes. Evading police is a type 1 vehicle related offence, so the vehicle can be impounded for a first offence in five years and forfeited for a further offence within five years.
Not on its own. The question is whether you stopped as soon as reasonably practicable, when a reasonable person would have. Talk to Joseph about the circumstances.
Yes. It is free, confidential and comes with no obligation.
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The sooner you get advice, the more can be done. Tell Joseph what has happened and find out exactly where you stand, with no cost and no pressure.
0447 028 080This page is general information about Queensland law. It is not legal advice. Every matter turns on its own facts, so speak with us about yours.
