However, depending on the particulars of your case, two defenses can be raised to cast reasonable doubt that either lessen the charges or pardon you. Under North Carolina traffic law, motorists are prohibited from evading a law enforcement officer while driving on all public roads. If you face these charges, our experienced criminal defense attorneys at King Law may help you build a solid defense to achieve the best possible outcome. An incarceration record can significantly affect your chances of landing a good job, obtaining housing assistance, or acquiring professional licenses. In addition to the possible imprisonment, you would also have a permanent criminal record that could affect many aspects of your life. The fatality and penalties of a Class E felony are punishable by up to 7 years in jail and fines set at the court’s discretion.
If the Class 1 misdemeanor of speeding off to evade capture offense ended in a fatality with two or more Class H aggravating factors, it becomes a Class H felony. For a fleeing offense with two aggravating factors, the guilty driver faces up to 2 years of jail time and 39 months in prison, including fines for felonies with three or more aggravating factors. You were driving recklessly and caused an accident that resulted in more than $1,000 worth of property damage or hurt someoneĬonvictions for a Class H felony misdemeanor can lead to up to 1 year in jail.You were operating a motor vehicle to elude arrest with a minor below 12 years.A blood alcohol content (BAC) of more than 0.14% under North Carolina DWI/DUI sentencing is considered a gross impairment You were under the influence of drugs or alcohol.You were driving over the speed limit and passed a stopped school bus, around a school zone or work zone.The DMV had revoked your driving privileges at the time of the incident.You were driving more than 15 mph above the stipulated speed limit.Fleeing to elude arrest is considered a Class 1 misdemeanor, but it can turn into a Class H felony where more than two of the following aggravating factors were at play: When such an offense occurs during the commission of another crime, additional charges can be brought up against the at-fault motorist. Passed in 2011 by the North Carolina council, the “run and you’re done” law was intended to outlaw fleeing from the police to stop them from carrying out their duties. If you’re being investigated for a failure to heed offense, consult a criminal defense attorney because prosecutors may include other charges, such as obstructing law enforcement and resisting arrest. The defendant attempted to flee or fled to avoid capture by law enforcement.Presence of a police officer who was trying to apprehend the defendant.The offender was the one operating the said vehicle.To demonstrate that a motorist fled to escape capture by an on-duty police officer under Chapter 20, Motor Vehicles Article 1, Division of Motor Vehicles (NC DMV), a prosecutor must prove:
Although often confused with resisting arrest, resisting obstruction, and failure to stop for blue light and siren, operating a motor vehicle to elude arrest is a separate criminal offense in North Carolina. If you fail to stop as required by traffic police performing their duties, you can face serious charges in North Carolina. You’re required, by law, to safely come to a complete stop when police sirens appear behind you, signaling you to pull over.