75 Pa. C. S. § 3733. Fleeing or attempting to elude police officer. PA Ticket Information - Title 75 PA Statutes

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75 Pa. C. S. § 3733. Fleeing or attempting to elude police officer

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75 Pa. C. S. § 3733. Fleeing or attempting to elude police officer

    (a) OFFENSE DEFINED.-- Any driver of a motor vehicle who willfully fails or refuses to bring his vehicle to a stop, or who otherwise flees or attempts to elude a pursuing police officer, when given a visual and audible signal to bring the vehicle to a stop, commits a misdemeanor of the second degree Any driver upon conviction shall pay an additional fine of $ 500 This fine shall be in addition to and not in lieu of all other fines, court expenses, jail sentences or penalties.

   (A.1) DISPOSITION OF FINES, ETC.-- The fines imposed and collected under subsection (a) shall not be subject to 42 Pa.C.S § 3733 (relating to deposits into account) The fines imposed and collected under subsection (a) shall be distributed in the manner provided in 42 Pa.C.S § 3571(b)(2) and (3) (relating to Commonwealth portion of fines, etc.).

   (b) SIGNAL BY POLICE OFFICER.-- The signal given by the police officer may be by hand, voice, emergency lights or siren.

   (c) DEFENSES.--

   (1) It is a defense to a prosecution under this section that the
   pursuing police officer's vehicle was not clearly identifiable by its
   markings or, if unmarked, was not occupied by a police officer who was
   in uniform and displaying a badge or other sign of authority.

   (2) It is a defense to prosecution under this section if the defendant
   can show by a preponderance of the evidence that the failure to stop
   immediately for a police officer's vehicle was based upon a good faith
   concern for personal safety In determining whether the defendant has
   met this burden, the court may consider the following factors:

     (i) The time and location of the event.

     (ii) The type of police vehicle used by the police officer.

     (iii) The defendant's conduct while being followed by the police
     officer.

     (iv) Whether the defendant stopped at the first available reasonably
     lighted or populated area.

     (v) Any other factor considered relevant by the court.

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