Tag Archives: reckless driving

Criminal Practice – Constitutional – Double Jeopardy – Felony Speeding to Elude Arrest – Reckless Driving & Driving While License Revoked – Aggravating Factors (access required)

State v. White (Lawyers Weekly No. 15-16-0264, 6 pp.) (Linda McGee, C.J.) Appealed from Forsyth County Superior Court (David Hall, J.) N.C. App. Unpub. Holding: Where defendant was convicted of driving while license revoked (DWLR) and reckless driving, and where ...

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Criminal Practice – Involuntary Manslaughter – Reckless Driving – Pro Se Defendant (access required)

State v. McSwain Defendant argues the trial court erred by accepting a guilty plea which was not voluntarily, knowingly and intelligently entered. However, the trial court reviewed the transcript of the plea with defendant; the trial court covered each of the points required when accepting a plea by G.S. § 15A-1022; then, defendant signed the plea transcript.

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Criminal Practice – Felonious Serious Injury by Motor Vehicle – DWI – Proximate Cause — Speeding to Elude Arrest – Felony – Reckless Driving (access required)

State v. Leonard Although defendant argues that it was his attempt to elude arrest, rather than his drunk driving, that led to the victim’s serious injury, there can be more than one proximate cause of an injury. There was sufficient evidence from which a jury could reasonably find that defendant’s drunk driving was a proximate cause of the victim’s injury: defendant was consuming alcohol on the evening of Jan. 16, 2009; he got into an altercation with his girlfriend and her family, got into his vehicle, drove it into his girlfriend’s car, refused to pull over for the police, drove the car faster than the speed limit, proceeded through a red traffic light, and collided with the victim’s vehicle; officers who responded to the incident said defendant had a strong odor of alcohol and appeared impaired; and defendant stipulated to a blood alcohol concentration of .10. We find no error in defendant’s convictions of felonious serious injury by motor vehicle, felonious operation of a motor vehicle to elude arrest, and misdemeanor hit and run.

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Criminal Practice – Speeding to Elude Arrest – Jury Unanimity — Aggravating Factors – Reckless Driving – Undefined (access required)

State v. Banks In order to elevate operation of a motor vehicle to elude arrest from a misdemeanor to a felony, the jury must find two of the eight aggravating factors listed in G.S. § 20-141.5(b). The state presented evidence of three of those factors, and the trial court’s instructions did not require the jury to be unanimous with regard to which two factors were present. Nevertheless, the jury was unanimous in finding that defendant was guilty of felonious operation of a motor vehicle to elude arrest, and this satisfied the N.C. Constitution’s requirement of jury unanimity. We find no error in defendant’s conviction of felonious operation of a motor vehicle to elude arrest.

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Criminal Practice – DWI & Reckless Driving – ‘Nerve Pill’ – Auto Accident – Light Sensitivity & Unsteadiness (access required)

State v. Landeto-Soto. (Lawyers Weekly No. 10-16-0719, 7 pp.) (Wanda G. Bryant, J.) Appealed from Brunswick County Superior Court. (Franklin F. Lanier, J.) N.C. App. Unpub. Holding: Even though the state failed to show what substance had impaired defendant, the ...

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