The precise definition of eluding a police officer can differ somewhat from state to state, but the offense is basically a driver intentionally disobeying a law enforcement officer’s command to stop. Some examples of “evading” include:

  • Immediately speeding away from the officer
  • Stopping but then driving off
  • Driving several miles before pulling over
  • Increasing the speed of the vehicle
  • Extinguishing the vehicle lights

Often, there is confusion about the differences between peace officers and police officers. For example, although a police officer is eligible to work as a peace officer, a peace officer is not eligible to work as a police officer. Police officers and peace officers have similar objectives in their role: to uphold the safety and security of the individuals, communities and institutions they protect. However, the two positions have different responsibilities, job requirements, credentials and titles.

Evading or eluding the police can be charged when someone intentionally flees the scene despite a police officer ordering them to stop. Sometimes it can be charged as a type of resisting or obstructing the police. Fleeing the scene may not need to occur immediately. A driver may stop initially in response to a police order and then speed away. This still may support a charge of evading the police, as may leading the police in an extended chase before eventually pulling over. Evading the police is usually charged in the context of a driver fleeing the scene, but evading arrest on foot can be charged as a separate crime. Lawyers in Hamilton can save you from high stress that evading police can give you.

In the year 2000,

Parliament unanimously passed a bill Monday that makes it a Criminal Code offence to try to escape police in a motor vehicle.

The bill, expected to pass through the Senate in a few weeks and become law, imposes tough penalties:

  • fleeing in a motor vehicle from police: up to five years in jail
  • injuring someone in the process: up to 14 years in jail
  • killing someone in the process: up to life imprisonment

The bill, introduced by Ontario MP Dan McTeague, would be the first private member’s bill to successfully change the Criminal Code.

According to the Criminal lawyers, there are several elements of the crime that must be proven before you can be charged with evasion. The prosecutor must show that:

You willfully fled or otherwise attempted to elude a peace officer

You did so with the specific intent to evade that officer

The officer’s vehicle exhibited at least one lit red lamp that was visible from the front

You saw or reasonably should have seen the lit lamp

The officer sounded his/her siren as reasonably necessary

The officer who was driving was wearing a distinctive uniform

The police brutality is sometime so high that, people have to evade from the scene, police brutality at its worst, unlawful use of force by police can result in people being deprived of their right to life. If police force is unnecessary or excessive, it may also amount to torture or other ill-treatment.

Unlawful force by police can also violate the right to be free from discrimination, the right to liberty and security, and the right to equal protection under the law.

According to the Sections 7 and 8 of the Charter of Rights and Freedoms contained within Part I of Canada’s 1982 Constitution Act:

Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

Everyone has the right to be secure against unreasonable search or seizure.

Under Section 2(c) of the Charter, everyone has the fundamental freedom of peaceful assembly.

According to Section 24(1) of the Charter:

Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances