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  1. #1

    Question Delay in Pulling Over for the Police

    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.

  2. #2
    Join Date
    Oct 2014
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    7,616

    Default Re: Police -Lawful Directions when Are They Deemed to Be Received

    Quote Quoting simonatthebeach
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    My question involves criminal law for the state of: Queensland
    Iím sorry, but these boards cover law in the United States. Youíll need to find a message board that deals with Australian law. Good luck.

  3. #3
    Join Date
    Sep 2005
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    California
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    20,485

    Default Re: Police -Lawful Directions when Are They Deemed to Be Received

    The only thing I might add (since I am unfamiliar with Australia law on this matter) is that no matter WHERE you are, the police get very, very, VERY nervous when people evade/flee/run from them for 5 km or more! If he did NOT get taken out at gunpoint at the conclusion of this little chase, I would be very surprised.

    I would recommend you speak with legal counsel on behalf of your son as soon as possible. And, you may want to reconsider his driving of a motor vehicle if he is incapable of exercising proper judgement in emergency situations. What might happen if he had gotten into a collision? Hit a pedestrian? Some other emergency? His medical condition may make it unsafe for him to exercise the judgement necessary to safely operate a motor vehicle. You might consider working with his physician to determine if this is something that can be done safely.

    Good luck.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
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  4. #4
    Join Date
    Jan 2010
    Location
    New Jersey
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    3,653

    Default Re: Police -Lawful Directions when Are They Deemed to Be Received

    Quote Quoting cdwjava
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    The only thing I might add (since I am unfamiliar with Australia law on this matter) is that no matter WHERE you are, the police get very, very, VERY nervous when people evade/flee/run from them for 5 km or more! If he did NOT get taken out at gunpoint at the conclusion of this little chase, I would be very surprised.

    I would recommend you speak with legal counsel on behalf of your son as soon as possible. And, you may want to reconsider his driving of a motor vehicle if he is incapable of exercising proper judgement in emergency situations. What might happen if he had gotten into a collision? Hit a pedestrian? Some other emergency? His medical condition may make it unsafe for him to exercise the judgement necessary to safely operate a motor vehicle. You might consider working with his physician to determine if this is something that can be done safely.

    Good luck.
    Cdw, he drove 5 km (3.1 mi) at the point that he turned off. That 5 km doesn't include the distance that he drove with the police behind him before he hit that turn off point. He probably went 6 km (3.7 mi) or more with the police behind him.

    Simon, your step-son should have pulled over immediately even if he didn't believe that the police were going to another matter. Even if your step-son was pulled over at the split in the road he should have immediately pulled over. If the police officer thought that it was an unsafe location for that traffic stop, the police officer would have directed your step-son over a loud speaker to continue to a different spot or he would have given another command.

    I don't think you will find any case law to support a driver that continued for 5 or more kilometers per hour (3.1 mi +) while the police were behind him trying to pull him over. We're talking about 5 km (3.1 mi), and not 609 meters (2000 Feet).

    Good Luck with your step-son.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

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