Felony Speeding to Elude and Lesser Included Offenses (with some ACC Rivalry sprinkled on top)
More than a decade ago, the General Assembly enacted G.S. 20-141.5, making it a Class 1 misdemeanor to operate a motor vehicle on street, highway, or public vehicular area while fleeing or attempting to elude a law enforcement officer who is in the lawful performance of his public duties. If two or more aggravating factors are present at the time of the offense, or the violation causes the death of another person, the offense is elevated to a Class H felony. If there are two aggravating factors and a death, the offense is a Class E felony. The aggravating factors are: 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: a. Consumption of an impairing substance; or b. A blood alcohol concentration of 0.14 or more within a relevant time after the driving 3. Reckless driving as proscribed by G.S. 20-140 4. Negligent driving leading to an accident causing: a. Property damage in excess of $1,000; or b. Personal injury 5. Driving when the person's driver's license is revoked. 6. Driving in excess of the posted speed limit, during the days and hours when the posted limit is in effect, on school property or in an area designated as a school zone pursuant to G.S. 20-141.1, or in a highway work zone as defined in G.S. 20-141(j2). 7. Passing a stopped school bus as proscribed by G.S. 20-217. 8. Driving with a child under 12 [...]
