Failing to Stop for Police

>>>Failing to Stop for Police
Failing to Stop for Police 2021-03-19T19:46:27+00:00

Your Guide to Failing to Stop for Police Charges by Criminal Driving Lawyers in Edmonton

What is Failing to Stop for Police?

Failing to stop for police is one of several criminal driving charges that can be filed against drivers in Edmonton. 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 Traffic Safety Act of Alberta (e.g. careless driving) because with a criminal driving charge, the Edmonton 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 Traffic Safety Act will only appear on your Driver’s Abstract.

The Alberta 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 Edmonton Police Service is on guard against criminal driving offences.

The relevant provision for failing to stop for police in the Canadian Criminal Code is:

Failing to Stop for Police Charges Edmonton

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 Edmonton, this offence usually arises from failing to stop for a Edmonton 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 Edmonton

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 Edmonton Police Service takes all criminal driving offences seriously. They are equipped with a large team to maintain traffic safety in the city. 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 Edmonton

How do I get myself or a loved one out on bail for failing to stop for police charges in Edmonton?

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 the event that a bail hearing is necessary, you will be transferred from the district office to the Arrest Processing Unit in the basement of the Edmonton Police Headquarters. The bail hearing must be held within 24 hours. Note that the 24-hour period starts from the moment of arrest or detention, rather than the time when you are brought in for the hearing.

Edmonton Police Headquarters is located downtown at:

9620 103a Ave NW
Edmonton, AB T5H 0H7

Loved ones are not able to contact you while you are detained. The police will not release any information to friends or family due to privacy laws. Your lawyer is the only person allowed to contact you. Once the police have verified your lawyer’s details, they will pass on information about your whereabouts, if requested.

Because of these difficulties while you are held in custody, it is best to appoint a competent defence lawyer as soon as possible to manage the legal processes and communicate with loved ones. After an arrest, the police must provide you with the opportunity to call a lawyer in private and, if that happens, stop questioning you.

Once you retain one of our experienced criminal defence lawyers, we will begin working to secure your release on bail.  We will immediately do the following:

  1. Call in to the Arrest Processing Unit in Edmonton and speak to you.
  2. Contact the Prosecutor assigned to the bail hearing to start negotiating your release.
  3. Order and secure a copy of the police information package that details the allegations against you in advance of the bail hearing. This allows the lawyer to make meaningful representations to the court about why you should be released on bail.
  4. Conduct either an in-person or teleconference bail hearing to secure your release.

When you attend your bail hearing, the Judge will consider the following factors:

  • Is detention necessary to secure your attendance in court?
  • Is detention necessary to protect the public from a substantial risk of re-offence?
  • Is detention necessary in all the circumstances to maintain confidence in the administration of justice?

Although it is unlikely that you will be denied bail for this type of charge, tight restrictions may nevertheless be applied to your release, including a driving prohibition.

Rest assured, we will work to not only secure your release but also to ensure the least restrictive set of bail conditions (including the minimum cash deposit).

In order for our lawyers to secure less stringent conditions, the Judge will need to be satisfied that you will attend court as required and that you pose no significant risk of harm to the public. This may be difficult as this type of offence reflects a disregard for law enforcement, however it’s not impossible.

Our lawyers are often successful at persuading the Crown Prosecutor in charge of bail to let our clients out. If we can’t convince the Prosecutor, we can conduct a formal bail hearing and work to convince the Court. Even if you are ultimately detained, we can appeal that decision on very short notice through a bail review, which is conducted at the Court of Queen’s Bench of Alberta.

Where can I pay for bail for failing to stop for police charges in Edmonton?

If you or a loved one are charged with failing to stop for police in Edmonton and granted bail, you may be required to provide a cash deposit to secure release. The cash deposit can be paid at any bail hearing office (courthouse) in Alberta. If you live in Calgary, you can pay bail there for someone detained in Edmonton.

Bail hearing offices in Edmonton are open from 8 a.m. until midnight, seven days a week. The Edmonton Bail Hearing Office is located at:

Brownlee Building
10365 97 Street NW
Edmonton, AB T4J 3W7
Tel: 780-422-3699

You can also make a bail payment 24 hours a day, 7 days a week, at the Edmonton Remand Centre:

18415 127 Street NW
Edmonton, AB T6V 1B1
Tel: 780-638-5100

To pay your own bail, you can make a payment after your hearing, assuming you have sufficient funds with you to do so.

How do I change my release conditions for failing to stop for police charges in Edmonton?

Release on bail with failure to stop for police charges may require either a surety, cash or no-cash deposit.

Beyond that, you may face tight restrictions, including conditions to refrain from:

  • Being behind the wheel of a motor vehicle,
  • Staying out beyond a certain time (i.e. curfew),
  • Breaking any laws,
  • Using drugs or alcohol,
  • Possessing weapons,
  • Visiting certain places, and/or
  • Travelling.

The Judge can also impose additional conditions such as:

  • Residing where approved,
  • Reporting to probation,
  • Attending counselling, and/or
  • Maintaining or seeking employment.

A variety of factors will be considered when determining your precise restrictions, including:

  • Your criminal history,
  • Your physical and mental condition,
  • The nature of the alleged offence,
  • The likelihood that you will flee, and
  • Your history of drug/alcohol usage.

If you have already been released, at least for the short term, it is critical that you make arrangements to abide by your conditions until they can be changed. Breaching the terms of your release can result in further charges or a revocation of your bail, as well as a forfeiture of any cash paid to secure your release. It is important to take these conditions seriously.

Once the matter is in court, we can work with the Crown Prosecutor to alter your conditions. This includes either adding exceptions to some of the conditions or eliminating them altogether.

If your court date is far away and you cannot wait until then, we can arrange to have the matter dealt with sooner. Our first priority is always to stabilize your release conditions. That way, you will not feel pressured to plead guilty because of the restrictive terms of your release. Once the conditions are manageable and minimally intrusive to your daily routine, we can focus 100% of our attention on defending the case.

Penalties for Failing to Stop for Police Charges in Edmonton

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 Edmonton court system and a driving suspension imposed by the Alberta Transportation Safety Board.

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.

Failing to Stop for Police Charges Edmonton

Defending Failing to Stop for Police Charges in Edmonton

What are the best defences to failing to stop for police charges in Edmonton?

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)?

It may be possible to negotiate a plea for ‘failing to stop for peace officer’ under section 166(2) of the Traffic Safety Act. If successful, you will not have a criminal record. A competent defence lawyer will assess whether this is a viable strategy for you.

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 Edmonton?

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 Edmonton?

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.

Get A Free Consultation

Receive a free consultation to discuss your case.

We value your privacy, all information is kept strictly confidential.


Mr. A
Mr. A
05:28 14 Feb 21
Danielle is a highly skilled criminal defense lawyer in Edmonton. She takes the matter very seriously and provides... successful defense for your rights. I say that because of my personal experience with her and her law firmI am sincerely grateful to Danielle and to her hard-working team Angela, Barbara that ensured my life was protected during a difficult time that I was facing unlawful criminal charges. Danielle provided immeasurable support, legal assistance and most importantly an honest representation during the entire process of the trial.In my first meeting with Danielle, she provided an explanation of the case, the court process, the issues in the case and put a plan for a successful defense and during the process she had very good communication with me , she replied to my emails and answered my questions in a timely manner.Danielle is a highly respected lawyer at court rooms; she has a very good connection and deep knowledge with the law and law society as well as court officials.I can safely say if Danielle is representing you , you will for sure have a successful case.I highly recommend Danielle and her team in her law firm to anyone who is seeking a highly skilled criminal defense lawyer.Thank you for reading this review and wish all the best.Mr. Aread more
Sam
Sam
23:08 20 Jan 21
I highly recommend Danielle to anyone seeking legal counsel. It is comforting to have an experienced, professional, and... intelligent lawyer like Danielle in your corner. Because of Danielle, the outcome of my case was favorable, and exceeded expectations.read more
jeremy kelsey
jeremy kelsey
19:31 17 Jan 21
Hello i would not recommend this law firm . I asked to get danielle as a lawyer because apparently she is highly... trained in drug cases. So instead of getting her she assigned me to another lawyer in her law firm that I had done no research on. She directed him to just lock me up because I didn't stand chance in trial.He knew that wasn't right. So end of the day we took it to trial and he beat my charges. And now she won't pay him what he's owed. I do not recommend this firm . Unless you kike going to jail .read more
Kenton Schram
Kenton Schram
02:30 14 Dec 20
I had the good fortune of being represented by Barbara D. She helped me through a difficult time, resulting in a... distinctly positive outcome. Her insight, integrity and sheer tenacity made her a valuable asset to me in making a molehill, remain as such. I would recommend her to anyonethat finds themselves in awkward legal times.read more
Ted Gullackson
Ted Gullackson
22:29 11 Dec 20
Absolutely amazing, I finally have my life back an its all thanks to Danielle. I thoroughly recommend them. Sh made me... feel much better after every talk and like I said she saved my life.read more
Kirk O'Dooley
Kirk O'Dooley
20:49 10 Dec 20
I was represented by Anny and she was amazing. I trusted her from the beginning. If I should ever need legal advice... or help (which I hope I never need) there is no question whom I would call. This was my first time ever been charged and the experience was terrifying at first. After meeting with Anny I felt a lot better. Give them a call, you won’t regret it.read more
Leah Marty
Leah Marty
23:20 18 Sep 20
They truly went out of way to help me with my case. They showed compassion & worked with me through the whole ordeal... putting me at ease.They also had a payment option helping ease the stress, didn't feel like had to have all at once.. I would highly recommend them to anyone seeking help! They are the best by far! From the bottom of my heart I would love to truly thank Anny Wang for everything she has done.. You'll forever hold a place in my heart along with my husband.read more
Mike K.
Mike K.
17:35 18 Sep 20
I HIGHLY recommend this firm. From first meetings until case was resolved, I felt really welcome and relaxed in their... office atmosphere. We were in tight situation, wrongfully accused. They are professional and down to Earth, helped with a payment plan after retaining them. We had Anny Wang as our lawyer who literally went above and beyond, cleared my wife from charges she was not guilty of. I honestly, recommend this law firm! She got the results we needed. We both want to thank Anny and the entire law firm.read more
Mel I
Mel I
04:41 16 Sep 20
Danielle Boisvert was our lawyer, she was awesome, thorough, professional and sincere! I HIGHLY recommend her and her... team. Between the phone calls, the unfortunate pandemic we managed to still be able to keep in contact and get everything done and finalized. Thank you so much for everything you have done for me and my family, it means so much more than you know to have someone be there for us and for advocating for our youth's civil rights. No matter how things started out, you kept us feeling at ease and confident with the law.read more
Justin Kallis
Justin Kallis
23:06 11 Sep 20
Highlight reccomend Anny
Nichole Faye
Nichole Faye
21:36 31 Aug 20
Danielle Boisvert is by far the best lawyer. I can't say enough good things about her! She handles everything so... professionally and makes it easy on her clients I highly recommend Danielle!read more
Koots Kowboy
Koots Kowboy
20:54 24 Aug 20
I can’t say enough good things about Danielle and her staff. I couldn’t have done it without her and her team, they... explain everything exceptionally well and keep you up to date as things progress. Just a bunch of outstanding individuals who fight for the right thing. I hope I don’t ever need their services again but if I do they will be my first call.read more
John Siggers
John Siggers
20:34 19 Aug 20
Hiring Danielle was a great decision. She and any of her team I interacted with were always up front and professional.... Her assistance on what to expect through the process was percise and helpful. Her hard work and skill lead to my charge being dropped. I am appreciative and highly recommend her to anyone needing legal representation.read more
Christine Clarke
Christine Clarke
01:08 19 Aug 20
I am very thankful to have come into contact with this law practice. Danielle is an exceptional lawyer, and someone who... connects with the values that she represents. The experience, intelligence, and advice through this firm was exceptional. This also extended to any individual who represented the firm that we worked with. The knowledge and expertise they offer is substantial and valuable. The ability to easily adapt during a global pandemic seamlessly did not go unnoticed. I wish I could offer feedback on how to improve, but I wouldn’t change a thing.read more
Jordon Fuder
Jordon Fuder
13:46 21 Jul 20
Danielle and here staff were very helpful throughout my entire experience. Danielle was very down to earth and easy to... talk to and has a no BS approach. She gave me here honest opinion on my matter and in the end she got the results she told me she would work towards! I highly recommend going to Danielle and her team for your legal matters.read more
Colten Perozak
Colten Perozak
15:16 20 May 20
I was represented by Anny Wang for my failure to blow case. She was very professional and attentive. In the end, she... did exactly what was required and I highly suggest anyone with a similar case to contact Anny. You won't regret it.read more
Katie Duncan
Katie Duncan
21:46 06 Apr 20
Everyone i interacted with here was extremely friendly and helpful. Anny Wang helped me feel at ease about my situation... that all of the other lawyers i consulted with did not. Overall my experience here was concise and clear, and I ended up with the best outcome I could've hoped for. She even offered to lower her pricing because of my financial situation. I highly recommend seeing them if you need a lawyer!read more
Denber Perez
Denber Perez
23:05 05 Apr 20
Dealing with Anny Wang was a pleasure. They stood out of all the firms I talked to and now I know I made the right... choice. Exceptional and outstanding. Everything was straight forward, I was always informed of everything going on. Highly recommend them.read more
Jenna Keiller
Jenna Keiller
12:25 12 Mar 20
Savage Oykhman Law has a fantastic team of hardworking experts, who cared greatly for my case, as I know they will for... your's as well. Daniel Murphy sympathized with my circumstances, while advocating with determination for a reasonable judgement. As I agreed with the professionalism of Daniel Murphy and his assistant Christine, and their consideration towards the sensitivity of my unfortunate circumstances. It was worth giving them the chance to solve my issues, to my surprise, they went above and beyond my expectations, while keeping my mind level throughout the process. My charge ended up being dropped. I honestly cannot thank-you enough, for all your hard-work and help!read more
Leon B
Leon B
19:01 24 Feb 20
This firm is awesome! Dan Murphy represented me he addressed any doubts I had about my case and gave me the correct... legal advise when I asked him. The staff is very friendly and helpful. Dan Murphy got my charges dropped within months and for that I would say hes not only a winner but a Champion! I am so glad I had him representing me!read more
Eddie Tyre
Eddie Tyre
00:31 14 Feb 20
Anny Wang is a pleasure to work with! I had consulted with a few lawyers prior to meeting with Anny Wang, and she... definitely stood out. She is unassuming, knowledgeable, and gives concise advice to move forward. She provided diligent updates and resolved the issue much quicker than expected. She truly takes care of her clients. Highly recommended!read more
Kang Danielle
Kang Danielle
17:09 21 Nov 19
Dan Murphy gave me the best option so everyone involved didn’t have to waste their time. It was super easy from the... beginning to the end, and I’m very pleased with the way it turned out. The staff are very professional and attentive to meet your needs. I hope you don’t have to meet a lawyer, but if you do, I highly recommend this firm.read more
Chris Edmonton
Chris Edmonton
19:17 19 Nov 19
I was represented by Anny Wang (and Danielle) and both were a pleasure to deal with! My case was withdrawn in the end... after their hard work and recommendations. She was easy to deal with, went into thorough details and whenever possible, reached out to myself with updates. In general though, everyone at Savage Oykhman were easy to deal with, including the front desk. While I hope to never run into needing their services, don't hesitate reaching out to Anny for any issues you may run into, I will certainly be keeping her card! Definitely earned the 5 star review and praise.read more
TJ Cekic
TJ Cekic
17:38 04 Nov 19
Anny Wang is amazing! My case got completely thrown out. She is compassionate, amazing and very well educated in many... fields of law. The whole team at Savage Oykhman Edmonton is absolutely amazing and helpful. I would recommend this law firm to absolutely anyone!! I give them a 5+++ rating. Absolutely amazing.read more
Next Reviews


Glowing Reviews From Our Clients

Excellent service! I would highly recommend going with this team. If I ever need assistance with anything of this manner again, I wouldn’t hesitate to call or email the team at Oykhman Criminal Defence again.


M.M.

Everyone was very professional and understanding. They explained everything and put me at ease. Any question I had were answered right. If you need help I’d highly recommend this law firm.


B.L.

VIEW ALL REVIEWS
VIEW REVIEWS ON GOOGLE

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.

Schedule a free no-obligation consultation to discuss your case.

Book A Free Consultation