My question involves criminal law for the state of: Queensland
Good afternoon, i am looking for some advice as to any case law knowledge that your organisation might have that might help me in a current situation with my step son.
the facts are that
My step son Lachlan is 21 years of age and he holds and open license to drive in Queensland and lives with Aspergers. In 2014 he was driving through a regional town at 830 pm, doing the speed limit and over took a the only other car on the road. Unfortunately in doing so he crossed a double white line and was observed by police
Lachlan continued to dive down the road and the police came in behind him with there emergency lights on. Lachlan took the police action to mean that they were going to another police matter not that they were telling him to pull over and continued to drive fro about ten seconds to where the road split into two. at this point Lachlan turned off thinking he was moving out of the police’s way however the police took the turn with Lachlan. it was at this point that Lachlan understood that they were asking him to pull over. However the road that Lachlan pulled off onto was a a very windy road over a range. Lachlan knows this road well as we lived in this area for years and there isn’t any safe place to pull over so he slowed his vehicle dan and drove about 5 km and pulled into a drive way that he knew and complied with the police.
Police handcuffed Lachlan and questioned him and Lachlan consistently stated that he wasn’t running from the police but was looking for a safe place to pull over.in Queensland there is a new law called evade police and it has mandatory sentencing laws of 2 years loss of license as a minimum and then the judge can also add up to 50 penalty points ($5000) or 50 days imprisonment ). this law uses what they call the reasonable person test which has precluded the judge from excepting evidence of Lachlans' Aspergers and as such i am looking to examine the following legal question;
i believe that the Police did issue a lawful direction for Lachlan to pull over on the night when they put there lights on however i am struggling to find out what is the legal requirement for the police to ensure that that direction is received.
in this case i believe that Lachlan received the direction only after he had turned off the range and the police followed him however by that stage he had entered a poor section of road that required him to drive some distance to a safe place to pull over.
my request is for direction to any case law that members of your organisation might have knowledge of that talks about these lawful directions and when it is deemed that they have been received or the requirement for police to ensure that there direction has been received.
I would be appreciative if anyone could direct me to any case law that might assist me with this question of law as we are finding it difficult at this point and due to the reasonable person rider that goes with this charge the judge has inter mated that she is not likely to consider Lachlan’s Aspergers. She has adjourned this matter until the 28th of this month to consider if she will allow evidence of Lachlans Aspergers so i have until then to intro due case law as to the issue of the direction being received by Lachlan.
Thank you in advance or any assistance that you might be able to give me.