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Tag Archives: Speeding to Elude Arrest

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 – Speeding to Elude Arrest – Felony – Aggravating Factors – Recklessness – Weaving Through Traffic – Double Yellow Line (access required)

State v. Jackson Even though Trooper Robertson lost sight of defendant on Hicone Road, the trooper's testimony showed that defendant was speeding recklessly: the trooper testified that Hicone Road is a two-lane road divided by a solid double yellow line and that, based on the amount of traffic on Hicone Road at the time he was pursuing defendant, defendant would have had "to go around that traffic to get down through there...."

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Criminal Practice – Constitutional – Assistance of Counsel – Speeding to Elude Arrest – Motions to Dismiss – Lesser Included Offenses (access required)

State v. Daniels. (Lawyers Weekly No. 11-016-0189, 9 pp.) (Linda Stephens, J.) Appealed from Wake County Superior Court. (R. Allen Baddour, J.) N.C. App. Unpub. Click here for the full text of the opinion. Holding: Even if defense counsel did ...

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Criminal Practice – Jury Instructions – Speeding to Elude Arrest – Aggravating Factors – Lesser Included Offense – First Impression (access required)

State v. Dewalt. In an issue of first impression involving the offense of felony speeding to elude arrest, a jury can be instructed on driving while license revoked as an aggravating factor even if the offense took place in a public vehicular area, rather than a street or roadway ...

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