Being charged with failing to stop while being pursued by police is a serious criminal offence in Quebec and across Canada. Many people think this only applies to dramatic high-speed chases, but the law is broader than that. A conviction can lead to a criminal record, serious driving consequences, and, in some cases, jail time.
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Under section 320.17 of the Criminal Code, a person commits an offence if they are driving a motor vehicle or a vessel, are being pursued by a peace officer, and fail — without a reasonable excuse — to stop as soon as it is reasonable to do so in the circumstances.
In simple terms: if police are pursuing you, you must stop as soon as it is safe and realistic to do so.
To convict, the prosecution must prove beyond a reasonable doubt that:
The key issue is not whether the person eventually stopped, but whether they failed to stop when they reasonably could have.
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Yes. This offence is not about a simple misunderstanding or a short delay caused by confusion. The prosecution must prove that the person intentionally chose not to stop and was trying to avoid police intervention.
That is why the facts matter so much: speed, distance, road conditions, and what the driver did during the pursuit can all become important.
Not every delay is criminal. The law allows for a “reasonable excuse.”
A reasonable excuse depends on the context. For example, a person may argue that:
The excuse must be believable and supported by the evidence. Simply not wanting to get a ticket or be arrested is not a reasonable excuse.
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Failure to stop while being pursued by police is a hybrid offence. This means the Crown can proceed in two ways:
Even when no one is physically injured, the courts still treat this offence seriously because of the risk it creates for the public.
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If the person was also committing another offence at the same time (for example, dangerous driving or impaired driving), the sentence for failing to stop may be added on top of the other sentence.
In many cases, courts impose a separate punishment for the police flight because it is seen as a deliberate attempt to avoid responsibility.
These cases often turn on small details:
If you are accused of failing to stop while being pursued by police in Montreal, Laval, Longueuil, Gatineau, Maniwaki, or elsewhere in Quebec, it is important to get legal advice quickly. Early legal intervention can make a major difference to your record, your licence, and your future.
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