Blog-HandcuffsThe answer can be found in SC SECTION Code 56-5-750; failure to stop motor vehicle when signaled by law-enforcement vehicle.

Accordingly, the statute states that unless there are other mitigating circumstances, such as a man driving his wife to the hospital when she is in labor, then when a person fails to stop on any sort of road, highway, or street for a law enforcement officer of vehicle by means of flashing lights or sirens, he is guilty of the aforementioned crime. SC SECTION Code 56-5-750(A)

Moreover, if the defendant increases his speed after the police lights have been turned on, it is considered a prima facie case of “failure to stop,” and can be a misdemeanor or felony depending on the circumstances. Failure to see the flashing light or hear the siren will not be considered an excuse for a failure to stop. “when the distance between the vehicles and other road conditions are such that it would be reasonable for a driver to hear or see the signals from the law enforcement vehicle. ” Id.

If it is just the persons first offense, and there is no great bodily injury that occurred due to the violation, the person will be found guilty of a misdemeanor and must pay a fine of $500 or go to prison for no less than 3 months, and no more than 3 years. Moreover, the defendant’s license will be suspended for at least 30 days. Id.

However, if it is the second or subsequent offense, and no great bodily injury occurred, then the person will be guilty of a felony, and will be imprisoned for no more than 5 years. When they are released from prison, their license will be suspended for one year thereafter.

If you or someone you know if found to be guilty of “fleeing from the police,” contact the criminal defense attorneys at Reeves, Aiken, and Hightower, LLP toll-free 877-374-5999 for more information.