An Escape by Flight ticket in Ontario is a serious offence.
In Ontario, if you willfully attempt to evade police, or escape by flight, you will be summonsed to court and face one of the most severe tickets known the Highway Traffic Act. Given the seriousness of the charge, the Crown must prove the mens rea, or “mental element” in order to satisfy a conviction in court.
What does a ticket for Escape by Flight mean?
Section 216 of the Ontario Highway Traffic Act gives police officers the authority to initiate traffic stops within the lawful execution of their duties. A driver is required to stop when signaled by an officer to pull over. However, if the driver elects to willfully evade police and cause a pursuit, the driver will be charged pursuant to s. 216(3) of the HTA.
The penalties imposed against drivers convicted of a ticket for Escape by Flight are severe and require the presiding Justice of the Peace to impose mandatory sentences that fall within steep ranges.
Escape by Flight Penalties
Court-imposed penalties for Willfully Escaping;
- a monetary fine not less than $5,000 and not more than $25,000;
A conviction for Escape by Flight will also guarantee the following as a mandatory requirement of conviction in court:
- custodial jail sentence not less than 14 days, and not longer than 6 months; and
- the Ontario Driver’s Licence shall be suspended for 5 years.
A conviction for Escape by Flight can have further devastating consequences on insurance. It would result in a classification of a “severe high-risk driver” and many companies would simply refuse coverage. High-risk auto insurance companies can cost more money over years.
Defences:
Due to both the seriousness and complexity of these matters, it is encouraged to contact Cardy Legal Services to schedule a private appointment to discuss and possible defences, and/or options, to such severe allegations.