According to SC Code § 56-5-750(A):
“In the absence of mitigating circumstances, it is unlawful for a motor vehicle driver, while driving on a road, street, or highway of the State, to fail to stop when signaled by a law enforcement vehicle by means of a siren or flashing light. An attempt to increase the speed of a vehicle or in other manner avoid the pursuing law enforcement vehicle when signaled by a siren or flashing light is prima facie evidence of a violation of this section. Failure to see the flashing light or hear the siren does not excuse 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.”
If you notice flashing blue lights and/or sirens from a law enforcement vehicle behind you, you are required by South Carolina law to stop. If you increase your speed after the police lights have been turned on, this act is also considered a violation of this law.
Penalties for Failure to Stop for a Blue Light
A conviction for failure to stop for a blue light in South Carolina is generally a misdemeanor offense, punishable by imprisonment between 90 days and three years, a maximum fine of $500, and driver’s license suspension for at least 30 days. A second or subsequent offense is considered a felony, which carries a maximum prison sentence of five years and license suspension for at least one year.
If the offense involved someone suffering a great bodily injury, it is a felony that carries a maximum prison term to 10 years. If the offense involved a death, then a conviction is punishable by imprisonment for up to 25 years. Both of these charges result in license revocation for three years after you serve your sentence.
Legal Defenses for Failure to Stop for a Blue Light
If you had good reasons for not stopping when you saw the blue light, you may avoid conviction if you can persuade the judge or jury – with the help of an experienced criminal defense attorney. Your lawyer can examine your case and determine your available legal defenses to protect your rights and freedom.
One of the most common legal defenses for this offense is you or a passenger had an emergency.
Another common legal defense is that there was no safe place to pull over.