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Resisting And Fleeing

S.C. Code 16-9-320 and S.C. Code 56-5-750 — resisting an arrest, and failing to stop for blue lights

Resisting. It is unlawful to knowingly and wilfully oppose or resist an officer serving a legal writ or process, or to resist an arrest by someone the person knows or reasonably should know is a law enforcement officer, under process or not. It is a misdemeanor carrying a fine of $500 to $1,000 or up to one year, or both.

  • S.C. Code 16-9-320
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Knowingly and wilfully assaulting, beating or wounding an officer serving process, or while resisting an arrest by someone known or reasonably known to be an officer, is a felony carrying a fine of $1,000 to $10,000 or up to ten years, or both. An officer here is a duly appointed or commissioned officer of the state, a county or a municipality.

  • S.C. Code 16-9-320
  • S.C. Code 16-9-310

Not stopping for the blue light. In the absence of mitigating circumstances, a driver who fails to stop when signaled by a law enforcement vehicle's siren or flashing light commits an offense. Speeding up or otherwise trying to avoid the pursuing vehicle is prima facie evidence of a violation.

  • S.C. Code 56-5-750
  • A first offense with no great bodily injury or death is a misdemeanor carrying a fine of at least $500 or up to three years, and a license suspension of at least thirty days.
  • A second or later offense with no great bodily injury or death is a felony carrying up to ten years and a one year suspension.
  • Leading law enforcement on a high speed pursuit is a felony carrying up to ten years.
  • Where great bodily injury results, a felony carrying up to fifteen years; where death results, up to thirty years.
  • S.C. Code 56-5-750

Those are the penalties as the fleeing section now reads; the text it replaced set lower maximums. The license suspensions and the restricted license for school or work are set out in full in the section. Whether a particular act was resisting is a question for a licensed South Carolina attorney.

  • S.C. Code 56-5-750
Sources for this section (3)
  1. S.C. Code 16-9-320 — Opposing or resisting law enforcement officer; assaulting officer
  2. S.C. Code 56-5-750 — Failure to stop motor vehicle when signaled by law-enforcement vehicle
  3. S.C. Code 16-9-310 — "Law enforcement officer" defined

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.

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