Misdemeanor and Felony Speeding to Elude Arrest Charges You Could Face in North Carolina

Felony Speeding to Elude Arrest Charges in North Carolina

Speeding to elude arrest can be charged as a Class H felony if certain aggravating factors are present. At least two of the following aggravating factors must be present for a person to be charged with a felony offense:

• Speeding more than 15 mph over the posted speed limit
• Gross impairment of the person’s faculties due to alcohol or drug consumption or having a blood alcohol concentration (BAC) of 0.14 percent or higher
• Reckless driving as defined under North Carolina law
• Driving any amount over the posted speed limit in a school or construction zone
• Passing a stopped school bus
• Negligent driving that resulted in an accident causing personal injury or property damage in excess of $1,000
• Driving when a driver’s license was revoked
• Driving with a child under 12 years old in the vehicle

Upon conviction, a person would be sentenced under North Carolina’s structured sentencing system. The class of the felony, the person’s prior convictions, and aggravating and mitigating factors would be considered by the judge when deciding the actual sentence. In general, a person could face these punishments:

• Up to 39 months in prison
• Fine at the discretion of the court
• Driver’s license suspension for up to two years with two aggravating factors or up to three years with three or more aggravating factors

When Can You Be Charged With Aggravated Misdemeanor or Felony Speeding to Elude Arrest Charges?

A person can face aggravated misdemeanor or felony speeding to elude arrest charges if his speeding to elude arrest was the proximate cause of a person’s death. Aggravated misdemeanor charges are a Class H felony. Aggravated felony speeding to elude arrest is a Class F felony, which can result in a prison sentence of up to 88 months, a fine to be set by the judge, and driver’s license suspension.