Failing to Stop for Police - Criminal Driving Defence Lawyers Calgary

Failing to Stop for Police Offences in Calgary

The Charge

This charge has the following components:

  • Failing to stop your motor vehicle as soon as is reasonable
  • While being pursued by a police officer in a motor vehicle
  • For the purpose of evading the police
  • With no reasonable excuse

In addition, the prosecution must show that you knew you were being pursued by a police officer.

Bail Conditions

The police and prosecution often ask the judge to keep people who are accused of this crime in custody. Fleeing from the police suggests that they have disregard for the law and may not come to court as required.

Defending Failing to Stop for Police Charge

We focus our investigation on the following areas:

  • Did the police deploy all possible methods of getting your attention?
  • Did the police 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?
  • Do 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 (weather conditions, hearing problems, etc.)?

The Sentence

Sentences for this offence include the possibility of a license suspension for up to three years, jail of up to 5 years, and up to 3 years of probation. In addition, the province of Alberta will automatically suspend your driving privileges for a year from the day you are found guilty.

We will mount the best defence for you, whether that means fighting the allegation in a trial, negotiating a less serious charge that will get your license back as soon as possible, or any other possible options.

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Charges from outside of Calgary near Okotoks Michael had helped me through this time with getting both charges dropped. Michael has been very thoughtful and professional throughout the tough times. Top Lawyer in the Calgary area. Recommended to anyone facing traffic charges.

starM.C.

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After being charged with impaired driving, I retained Michael and am extremely pleased with the services he provided. He is very knowledgeable, professional and understanding. Michael kept me up to date about everything that was happening with my case. Within 3 weeks all my charges were dropped.

starK.S.

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Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.

Successful Case Results

Impaired Driving and Over .08, Charges Withdrawn

Calgary Provincial Court
Case Number: 7519721

Our client drove through a checkstop, indicated he had some drinks that evening, and was noted to have glassy mirrored eyes and a smell of alcohol on his breath. He failed the roadside breath test, blew .140 on the evidentiary instrument, and was charged with impaired driving and driving over .08.

Once we were retained, we set the matter for trial and filed a motion alleging a violation of our client’s Constitutional rights under the Canadian Charter of Rights and Freedoms. Days before trial, we successfully negotiated the withdrawal of all charges.

Successful Result: No Criminal Record, Charges Withdrawn

Impaired Driving and Over .08, Charges Withdrawn

Calgary Provincial Court
Case Number: 5519791

Our client was observed accelerating at a high rate of speed through a parking lot. Upon stopping, the police observed that his speech was slurred, and he admitted drinking that day. He failed the roadside breath test, and was charged with impaired driving, driving over .08, and some traffic tickets.

Once we were retained, we set a trial date and filed a motion alleging a violation of our client’s Constitutional rights under the Canadian Charter of Rights and Freedoms. We successfully negotiated a stay of proceedings on all criminal charges in exchange for a guilty plea to one of the traffic tickets.

Successful Result: No criminal Record, Charges Stayed

Impaired Driving and Over .08, Charges Withdrawn

Canmore Provincial Court
Case Number: 7620141

Our client was stopped by the RCMP after being observed driving erratically. He had an odour of alcohol on his breath, blood shot eyes, and admitted drinking beer earlier in the day. He failed the roadside breath test, provided further breath samples at the RCMP station, and was charged with impaired driving and driving over .08.

Once we were retained, we carefully reviewed the allegations and found what we believed to be a fatal flaw in the RCMP investigation. We contacted the Crown Prosecutor’s office, and successfully negotiated a withdrawal of all charges.

Successful Result:
No Criminal Record, Charges Withdrawn
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Disclaimer: All results of cases handled by the lawyer/firm are not provided. The results provided are not necessarily representative of results obtained by the lawyer/firm or of the experience of all clients or others with the lawyer/firm. Every case is different, and each client’s case must be evaluated and handled on its own merits.