Charged with a police pursuit offence?
A police pursuit charge is serious from the moment police become involved. It can result in arrest, bail conditions, vehicle sanctions and a substantial period off the road. ED Legal provides advice and court representation for police pursuit matters across Sydney and NSW.
These cases often turn on who was driving, whether police were clearly requiring the vehicle to stop, what the driver knew, and how the vehicle was driven after the pursuit began. In-car video, body-worn footage, radio records, CCTV, speed and location evidence may all matter.
How we can help you
We can review the full pursuit chronology, including in-car and body-worn video, radio traffic, CCTV and location data, and identify what the evidence does and does not establish.
We can advise before a police interview, deal with urgent bail or vehicle-sanction issues, make representations where appropriate and represent you at court. You deal directly with Principal Lawyer Ali El-Darwich throughout the matter.
Before speaking with police
If police want to interview you about a pursuit allegation, obtain legal advice before deciding whether to participate. What you say about the police signal, your awareness of the pursuit and your manner of driving can become important evidence.
Preserve any dashcam footage, messages, location records or other material that may assist. Keep your Court Attendance Notice, bail papers, vehicle-sanction documents and any police property receipts.
What the prosecution must prove
The prosecution must prove that you were driving, that police were pursuing the vehicle and requiring it to stop, that you knew, ought reasonably to have known or had reasonable grounds to suspect this, that you did not stop, and that you then drove recklessly or at a speed or in a manner dangerous to others.
Each part of the allegation should be examined separately. A case may turn on driver identification, whether police were in pursuit and gave a clear direction to stop, what the driver knew or suspected, whether the vehicle stopped, and the manner of driving after the pursuit began.
Evidence in a police pursuit case
Police commonly rely on in-car video, body-worn video, radio communications, GPS or location data, speed estimates, civilian CCTV and witness statements. The full sequence should be reviewed rather than treating a short extract or police summary as the whole case.
If several people had access to the vehicle, driver identification can also be an issue. Vehicle ownership or registration does not by itself resolve who was driving at the relevant time.
Penalties, licence and vehicle consequences
The statutory maximum penalty is 3 years' imprisonment for a first offence and 5 years for a second or subsequent offence. A conviction can also result in significant driver-licence consequences, and police may take separate action against the vehicle or number plates under road transport legislation.
How a police pursuit charge may be challenged
A charge may be challenged by disputing the identity of the driver, whether police were in pursuit and requiring the vehicle to stop, what the driver knew or suspected, whether the vehicle failed to stop, or whether the later driving was reckless or dangerous to others.
The police case should be tested against the complete chronology and the available video, radio and electronic evidence. Related driving, licence or other charges may raise separate issues and should be considered at the same time.
Bail and urgent issues
Police pursuit allegations can lead to arrest, restrictive bail and vehicle sanctions. Tell us immediately if you or a family member is in custody, if a vehicle has been impounded or number plates confiscated, or if bail conditions require urgent advice.
Preparing to speak with a lawyer
When you contact us, have the Court Attendance Notice, bail papers and any vehicle-sanction documents available. Tell us whether police allege a first or subsequent offence, your next court date, and whether there is in-car video, body-worn footage, CCTV or other electronic evidence.
Sources
Crimes Act 1900 (NSW) — section 51B.
Road Transport Act 2013 (NSW) — licence disqualification and vehicle-sanction provisions.
Disclaimer: This information is general in nature and is not legal advice. It is intended as a guide only. You should obtain formal legal advice about your specific circumstances.
