Speeding to Elude Arrest in North Carolina

by | Oct 6, 2020 | Blog Posts, NC Criminal Defense, NC Traffic | 0 comments

Speeding to elude arrest is governed by N.C.G.S. 20-141.5. This crime may be a misdemeanor or a felony depending on the circumstances. This crime carries the possibility of jail time, insurance points, license suspension, and possible forfeiture of the vehicle.

Like all of our blogs, this blog is intended for informational purposes only and not as a substitute for the advice and counsel of a criminal defense attorney.

What is speeding to elude arrest?

Speeding to elude arrest involves operating a motor vehicle on a public street or highway while fleeing, or attempting to elude a law enforcement officer who is lawfully executing his or her duties. Unless additional factors are present, this crime is a Class 1 misdemeanor, which carries a maximum penalty of 120 days in jail. This crime becomes felonious if additional aggravating factors apply.

Felony speeding to elude arrest

This crime becomes a Class H felony if two or more of the following aggravating factors are present at the time of the violation:

  1. Speeding in excess of 15 miles per hour over the legal speed limit
  2. Gross impairment of the person’s faculties while driving due to
    1. Consumption of an impairing substance; or
    2. A blood alcohol concentration (BAC) of 0.14 or more within a relevant time after the driving
  3. Reckless driving as defined by G.S. 20-140
  4. Negligent driving leading to an accident causing:
    1. Property damage in excess of one thousand dollars ($1,000); or
    2. Personal injury
  5. Driving when the person’s drivers license is revoked
  6. Speeding in a school zone or speeding in a work zone
  7. Passing a stopped school bus
  8. Driving with a child under 12 years of age in the vehicle

Misdemeanor speed to elude becomes a Class H felony if the person’s driving proximately causes another’s death. Felony speed to elude becomes a Class E felony if the person’s driving proximately causes another’s death.

License Suspension

Upon conviction of misdemeanor speeding to elude arrest, a person’s North Carolina driver’s license will be suspended for up to one year. Upon conviction of felony speed to elude, where two (2) aggravating factors are present, a person’s license will be revoked for two (2) years. If three (3) or more aggravating factors are present, a person’s license will be revoked for three (3) years.

Limited driving privilege

After 12 months of revocation, a person convicted of a first-time offense of felony speeding to elude arrest where only two aggravating factors were present can apply for a limited driving privilege.

Insurance Points

Conviction of this crime carries ten (10) insurance points, which will result in a significant increase in one’s insurance premiums.

Forfeiture

Upon convicted of felony speeding to elude arrest, the property (vehicle) becomes subject to forfeiture, meaning the government may be able to take the vehicle.

If you are facing criminal charges in North Carolina or criminal charges in South Carolina, contact us to discuss your options.

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