Aggravating Factors in Felony Speeding to Elude Statute Are Elements for Purposes of Double Jeopardy

The North Carolina Court of Appeals in State v. Mulder, 233 N.C. App. 82 (2014), held that punishing a defendant for felony speeding to elude based upon the aggravating factors of speeding and reckless driving while also punishing him separately for those same misdemeanor traffic offenses violated double jeopardy. Facts. The facts in Mulder are disturbing. The defendant’s former girlfriend, Brenda Swann, obtained a domestic violence protective order against him when their relationship ended.  While the order was in effect, the defendant went to Swann’s home and began to strike her car with a hammer. Swann’s son confronted the defendant, who then attempted to force his way into the house.  Swann called the police, and the defendant left the premises. A law enforcement officer located the defendant driving in his car shortly afterwards and attempted to pull the defendant over. The defendant did not stop, and the officer continued to pursue him.  The officer testified that while fleeing, the defendant was swerving “as if he was trying to hit . . . . innocent people on the highway.” Several other officers joined the chase, and the vehicles involved reached speeds of 100 miles per hour. The defendant swerved toward one officer’s car and eventually rammed into another officer’s vehicle.  An officer then intentionally rammed the defendant’s driver’s side door to force him to stop. The officer approached the defendant’s car with his gun pointed at the defendant.  He told the defendant to get out of the car.  The defendant reached out of [...]