What's happening?
Police pursuit offences generally arise where a driver fails to stop when directed by police and continues to drive while being followed, or where a chase develops as a result. These charges are treated seriously by the courts because of the risks pursuits can create for the driver, police and other road users.
The circumstances of each pursuit vary significantly, including how the pursuit started, its duration, the speeds involved and whether anyone was injured or property damaged. These details can significantly affect how the matter is dealt with by the court.
What could it mean for me?
- Police pursuit offences can carry the possibility of imprisonment, particularly where the pursuit was prolonged or dangerous.
- Licence disqualification is a common consequence of a conviction for these offences.
- Vehicle forfeiture or impoundment provisions may apply in some circumstances.
- These matters are often accompanied by other charges, such as dangerous driving or driving while disqualified.
- A pursuit-related conviction can have a significant effect on future licence applications and insurance.
What are my options?
- Contesting the charge where there is a dispute about whether a direction to stop was properly given or understood.
- Pleading guilty and presenting mitigating circumstances, such as the reasons for not stopping.
- Negotiating with the prosecution where multiple related charges have been laid.
- Seeking to address any underlying issues, such as licence status, that contributed to the incident.
- Preparing evidence about the actual duration and nature of the pursuit for sentencing purposes.
What happens next?
- Get advice before speaking to police about the circumstances of the pursuit.
- Identify any related charges that may also need to be addressed together.
- Gather any evidence relevant to why the vehicle did not stop, if relevant to your defence.
- Attend your first court date and review the police brief with your lawyer once available.
- Consider the effect of any period without a licence while the matter is resolved.
How can MGE Lawyers help?
We assist clients charged with police pursuit offences by reviewing the full circumstances of the incident, including how it started and what occurred throughout. Because these matters are often linked to other charges, we take a coordinated approach across the whole matter.
We work to identify any available defences or mitigating factors and prepare clear, honest submissions for court, aiming for the most favourable realistic outcome given the seriousness with which these offences are treated.