North Carolina General Statute § 20-141.5 - Speeding to Elude Arrest

The law becomes even more severe if a death occurs as a result of speeding to elude. If a misdemeanor speeding to elude incident results in a death, the charge is elevated to a Class H felony. If a felony speeding to elude incident causes the death of another person, it becomes a Class E felony, carrying even harsher penalties, including the possibility of:

• Active period of incarceration (prison)
• Substantial fines
• Extended license revocation periods
• Lifelong consequences, including restrictions on certain types of employment and loss of certain civil rights as a convicted felon (including precluding possession of a firearm as a convicted felon)

Convictions for speeding to elude carry automatic license suspensions or revocations:

• Misdemeanor conviction: Up to one year suspension
• Felony conviction with two aggravating factors: Two-year revocation
• Felony conviction with three or more aggravating factors: Three-year revocation

In some cases of first-time felony convictions with only two aggravating factors, there may be an opportunity to apply for a limited driving privilege after 12 months. However, this is subject to Court approval and specific conditions, including:

• The defendant’s license is not also revoked for any other reason
• No convictions for any other motor vehicle offense for a period of 12 months
• Completion of all terms of probation, imprisonment, court costs, and fines imposed for speeding to elude conviction

For felony convictions, the vehicle used in the offense may be subject to forfeiture. This process follows the same procedure as outlined in North Carolina General Statutes (N.C.G.S.) §§ 20-28.2, 20-28.3, 20-28.4, and 20-28.5 for other vehicle-related offenses. Forfeiture means that in addition to other penalties, the defendant may permanently lose ownership of the vehicle involved in the criminal charges.

The NC speeding to elude law enforcement statute requires all law enforcement agencies to adopt a policy regarding the pursuit of fleeing motorists. These policies must include factors for officers to consider when initiating or terminating a pursuit, such as:

• The severity of the initiating violation
• Safety considerations for the public, the officers involved, and the fleeing suspect
• Weather and road conditions
• Population density of the area where the pursuit is occurring
• The possibility of apprehending the suspect at a later time

The Attorney General is tasked with developing model policies for agencies to consider. This provision aims to balance public safety with the need to apprehend suspects, recognizing the inherent dangers of high-speed pursuits.

The flee to elude law in North Carolina includes a prima facie provision. This means that if evidence is presented that a vehicle was operated in violation of this section, it is presumed that the registered owner was the operator. However, this presumption can be rebutted with evidence to the contrary. That’s what defense lawyers may refer to as a rebuttable presumption.

In cases where the vehicle is rented, the renter is presumed to be the operator at the time of the violation. This provision helps law enforcement in situations where the driver's identity might otherwise be difficult to establish. The prima facie presumption applies to both to administrative hearings and “any court.”

To better understand how this law might be applied, it may help to consider these hypothetical scenarios:

1. Scenario where the law likely would not apply: John is driving 5 mph over the speed limit on Ballantyne Commons Parkway in Charlotte (Mecklenburg County), when he notices a police car behind him with lights on. He's near his driveway, so he signals, slows down, and pulls into his driveway before stopping. In this case, John's actions likely wouldn't constitute speeding to elude, as he didn't increase his speed or take evasive actions to avoid the officer. Instead, he appeared to be complying with the officer's signal to stop, just choosing a safe and nearby location to do so.
2. Scenario where the law likely would apply: Sarah is driving 20 mph over the speed limit on the outer loop of Interstate I-485 near the I-74 exit going towards Monroe, in Union County. She sees a Matthews police car activate its lights behind her. Instead of pulling over, she accelerates, weaving through traffic and causing several vehicles to swerve to avoid being struck. Sarah continues driving at a high rate of speed and runs a red light before finally stopping after a 10-minute chase. Once pulled over Sarah apologizes, telling the officers from both Charlotte and Union County, “I’m sorry. I have a warrant out for missing court, and I just can’t go to jail.” This scenario would likely result in felony speeding to elude charges due to multiple aggravating factors (including speeding in excess of 15 mph over the limit and reckless driving). Sarah's actions clearly demonstrate an attempt to elude the officer, and the presence of multiple aggravating factors elevates the offense to a felony. Sarah’s admission of the OFA - Order for Arrest further proves her mens rea (specific intent) and the reason for wanting to get away from law enforcement officers. She admitted to trying to elude officers because she did not want to go to jail.

There are several misconceptions about speeding to elude charges:

1. "It's not serious if no one got hurt." Even without injuries, speeding to elude is a serious offense with the potential for jail time and long-term consequences.
2. "I can handle this on my own without a lawyer." Given the complexity of the law and the potential for severe penalties, seeking experienced legal counsel is highly advisable.
3. "If I stop eventually, it's not eluding." The act of fleeing, even if you ultimately stop, can still result in charges under the speeding to elude law in North Carolina.
4. "It's just a traffic ticket." Speeding to elude is a criminal offense, not a simple traffic violation. It carries the potential for much more severe consequences that are in addition to civil and/or administrative actions by NC Division of Motor Vehicles (DMV).

The criminal charges and potential negative consequences to your driver’s license associated with speeding to elude arrest in NC are significant. The law's complexity, with its various aggravating factors and penalty enhancements, can make it challenging for individuals to navigate the legal system on their own.

"Hiring a lawyer for speeding to elude is not required, but we think it’s a good idea. Sometimes people just don’t understand how serious these kinds of charges are."

- Bill Powers, Criminal Defense Lawyer

If you or a loved one is facing criminal charges under N.C.G.S. § 20-141.5, it's important to understand your legal rights and possible options. The potential for jail time, license suspension or revocation, insurance points, and even vehicle forfeiture underscores the benefit of legal representation.

An experienced attorney can help explain your rights, evaluate the evidence against you, identify potential defenses, and advocate for your best interests. We can also guide you through what can be a complex legal process and help you understand the potential long-term implications of the charges.

Remember, every case is unique, and the specific facts and circumstances surrounding the incident can significantly impact the outcome.

In conclusion, North Carolina treats speeding to elude arrest as a serious offense with potentially severe consequences. Understanding the law is the first step, but if you're facing charges, seeking professional legal counsel is a wise next step. Given the complexity of the statute, the potential for severe penalties, and the long-term consequences of a conviction for a violation of North Carolina General Statute § 20-141., it makes sense to consult an attorney with substantial experience handling such legal matters. The Powers Law Firm helps clients with flee to elude charges in Mecklenburg, Union, Iredell, Gaston, Lincoln, Rowan, and Union County NC.