INTRODUCTION AND BRIEF DESCRIPTION
Failing to stop a motor vehicle when being pursued by a peace officer is an offense.
SECTION WORDING
249.1(1) Every one commits an offence who, operating a motor vehicle while being pursued by a peace officer operating a motor vehicle, fails, without reasonable excuse and in order to evade the peace officer, to stop the vehicle as soon as is reasonable in the circumstances.
EXPLANATION
Section 249.1(1) of the Criminal Code of Canada addresses the offence of failing to stop for the police while driving a motor vehicle. This is a serious offence that can result in criminal charges and potential imprisonment. The offence occurs when a driver is being pursued by a law enforcement officer who is also operating a motor vehicle. If the driver does not stop their vehicle, without a reasonable excuse, and in order to evade the police officer, they have committed an offence. To be convicted under this section, two main elements must be established by the prosecutor: firstly, that the accused was operating a motor vehicle while being pursued by a peace officer operating a motor vehicle, and secondly, that the accused failed, without reasonable excuse, to stop their vehicle in order to evade the peace officer. The second element can be challenging to establish, as the accused may argue that they had a reasonable excuse for not stopping, such as a medical emergency or a fear for their safety. However, it is up to the court to ultimately determine whether the excuse provided by the accused was reasonable or not. The penalties for this offence can vary depending on the circumstances. In some cases, a conviction could result in fines, imprisonment, or both. Additionally, a conviction for evading the police may result in a criminal record, which can have serious negative consequences for employment opportunities and traveling. Overall, Section 249.1(1) of the Criminal Code of Canada is an important provision that helps to ensure public safety by discouraging drivers from fleeing the police during a pursuit.
COMMENTARY
Section 249.1(1) of the Criminal Code of Canada outlines the offence of failing to stop a motor vehicle when being pursued by a peace officer. The provision reads that every person who operates a motor vehicle and fails to stop their vehicle without a reasonable excuse, while being pursued by a peace officer who is also operating a motor vehicle, commits an offence. The purpose of this section is to ensure that individuals do not evade the law when their vehicle is being pursued by a police officer. The offence requires several components to be present for an individual to be convicted. Firstly, the accused must be operating a motor vehicle. Therefore, this offence only applies to individuals who are driving a vehicle, rather than passengers or pedestrians. Secondly, the accused must be pursued by a peace officer who is also operating a motor vehicle. This could include police officers in marked or unmarked vehicles, or other law enforcement officials who are authorized to operate a motor vehicle. Thirdly, the accused must fail to stop their vehicle without a reasonable excuse. This is the essential element of this offence, and the failure to stop must be to evade the peace officer. It is important to note that the provision requires the accused to have a reasonable excuse for failing to stop their vehicle. The reasonable excuse requirement is crucial, as it acknowledges that certain situations may arise where stopping a vehicle could be dangerous or may cause harm. In those situations, the accused may have a reasonable excuse for not stopping their vehicle. Examples of a reasonable excuse may include a medical emergency, mechanical failure of the vehicle, or a situation where stopping could put the safety of the driver or passengers at risk. The provision also sets out a requirement for the accused to stop their vehicle as soon as is reasonable in the circumstances. This means that the accused cannot continue to drive recklessly or evasively and must stop the vehicle as soon as it is safe to do so based on the circumstances. If the accused fails to stop their vehicle, not only will they will be charged with this specific offence, but they also may be charged separately for any other offences committed as a result of their actions. The punishment for failing to stop a motor vehicle while being pursued by a peace officer can be severe. The offence is classified as a hybrid offence, meaning it can either be prosecuted as a summary conviction or an indictable offence. If prosecuted as a summary conviction, the accused can face fines up to $5,000 and imprisonment for up to six months. If prosecuted as an indictable offence, the accused can face up to five years of imprisonment and a criminal record. In conclusion, section 249.1(1) of the Criminal Code of Canada serves as a deterrent against individuals attempting to evade the law when pursued by a peace officer. The provision sets clear requirements for the offence, including the reasonable excuse and timing of when the accused must stop their vehicle. The punishment for failing to meet those requirements is severe, highlighting the seriousness of the offence. Ultimately, this section of the Criminal Code is an important tool in maintaining our roads' safety and preventing dangerous behaviours that could result in harm to individuals, property or the general public.
STRATEGY
Section 249.1(1) of the Criminal Code of Canada outlines an offence that can have serious legal consequences for individuals who evade or refuse to stop for a peace officer while operating a motor vehicle. This offence, commonly referred to as Flight from Police", can result in significant fines, loss of driving privileges, and even a term of imprisonment. The following section examines some of the strategic considerations and possible strategies for individuals who may be facing charges under Section 249.1(1) of the Criminal Code of Canada. Strategic Considerations There are several strategic considerations that individuals should take into account when dealing with charges related to Flight from Police. These considerations include: 1. Understand the Charges: It is important to understand that the charges related to Flight from Policy are serious and can result in significant legal penalties. It is important to understand the nature of the charges against you, the evidence that the Crown will present, and the potential consequences of a conviction. 2. Legal Counsel: It is highly recommended that individuals facing charges under Section 249.1(1) of the Criminal Code of Canada seek legal counsel to guide them through the legal process. Criminal lawyers are well-versed in the law surrounding these charges and can provide sound legal advice and representation. 3. Mitigating Factors: Individuals who refused to stop for a peace officer may be able to mitigate the charges by demonstrating that they did have a reasonable excuse for not stopping, or that their failure to stop was not intentional but rather a result of some other circumstance such as mechanical failure. 4. Evidence: The Crown must prove beyond a reasonable doubt that the accused had the intent to evade the peace officer and that they did not have a reasonable excuse. Defendants should consider all of the available evidence for their charge and build a strategy accordingly. 5. Sentencing: Jail time, the length of driving prohibition, and fines are some of the potential penalties that are imposed on those found guilty of evading the peace officer. Potentially severe penalties means that a defense strategy should also address sentencing. Strategies There are several strategies that individuals facing charges under Section 249.1(1) of the Criminal Code of Canada can use to mitigate the consequences of their charge. These strategies include: 1. Demonstrate a Reasonable Excuse: Demonstrating a reason for not stopping could be an effective defence strategy for individuals charged with Section 249.1(1). A reasonable excuse may be an emergency situation, such as a medical crisis, or a mechanical failure causing the vehicle not to stop. 2. Lack of Intent: The Crown has a high bar of proof to demonstrate that an accused had the intention of trying to evade the police. If an accused can demonstrate that they had no intent to evade the police, this could be a strong defense strategy. 3. Cooperation: Demonstrating cooperation with the peace officer may also have mitigating effects on the charges faced. Once it is reasonable to do so, individuals should stop their vehicles and comply with police commands. 4. Sentencing Discussion: Beyond a defense strategy during the trial and in the service of justice presided over by the judge, negotiations with the Crown regarding sentencing can also be a useful strategy. 5. Plea Bargaining: Another strategy that could be used by defense counsel is plea bargaining. This can be useful options if the Crown has a strong case against the accused. Plea bargaining can help defendants to reduce penalties or even have these charges dropped altogether. In conclusion, Section 249.1(1) of the Criminal Code of Canada is a serious offence carrying severe legal penalties. It is important for defendants to understand the charges they face and the potential consequences of being found guilty of this crime. Acusseds should consider their available strategies including demonstrating a reasonable excuse, lack of intent, cooperation, sentencing discussion and plea bargaining to successfully navigate the justice system. Seeking the counsel of a criminal lawyer is highly recommended to best understand the legal options and be equipped with the best defense.