§ 20-141.5. Speeding to elude arrest.
§ 20‑141.5. Speeding toelude arrest.
(a) It shall beunlawful for any person to operate a motor vehicle on a street, highway, orpublic vehicular area while fleeing or attempting to elude a law enforcementofficer who is in the lawful performance of his duties. Except as provided insubsection (b) of this section, violation of this section shall be a Class 1misdemeanor.
(b) If two or more ofthe following aggravating factors are present at the time the violation occurs,violation of this section shall be a Class H felony.
(1) Speeding in excessof 15 miles per hour over the legal speed limit.
(2) Gross impairment ofthe person's faculties while driving due to:
a. Consumption of animpairing substance; or
b. A blood alcoholconcentration of 0.14 or more within a relevant time after the driving.
(3) Reckless driving asproscribed by G.S. 20‑140.
(4) Negligent drivingleading to an accident causing:
a. Property damage inexcess of one thousand dollars ($1,000); or
b. Personal injury.
(5) Driving when theperson's drivers license is revoked.
(6) Driving in excess ofthe posted speed limit, during the days and hours when the posted limit is ineffect, on school property or in an area designated as a school zone pursuantto G.S. 20‑141.1, or in a highway work zone as defined in G.S. 20‑141(j2).
(7) Passing a stoppedschool bus as proscribed by G.S. 20‑217.
(8) Driving with a childunder 12 years of age in the vehicle.
(b1) When a violation ofsubsection (a) of this section is the proximate cause of the death of anyperson, the person violating subsection (a) of this section shall be guilty ofa Class H felony. When a violation of subsection (b) of this section is theproximate cause of the death of any person, the person violating subsection (b)of this section shall be guilty of a Class E felony.
(c) Whenever evidenceis presented in any court or administrative hearing of the fact that a vehiclewas operated in violation of this section, it shall be prima facie evidencethat the vehicle was operated by the person in whose name the vehicle wasregistered at the time of the violation, according to the Division's records.If the vehicle is rented, then proof of that rental shall be prima facieevidence that the vehicle was operated by the renter of the vehicle at the timeof the violation.
(d) The Division shallsuspend, for up to one year, the drivers license of any person convicted of amisdemeanor under this section. The Division shall revoke, for two years, thedrivers license of any person convicted of a felony under this section if theperson was convicted on the basis of the presence of two of the aggravatingfactors listed in subsection (b) of this section. The Division shall revoke,for three years, the drivers license of any person convicted of a felony underthis section if the person was convicted on the basis of the presence of threeor more aggravating factors listed in subsection (b) of this section. In thecase of a first felony conviction under this section where only two aggravatingfactors were present, the licensee may apply to the sentencing court for alimited driving privilege after a period of 12 months of revocation, providedthe operator's license has not also been revoked or suspended under any otherprovision of law. A limited driving privilege issued under this subsectionshall be valid for the period of revocation remaining in the same manner andunder the terms and conditions prescribed in G.S. 20‑16.1(b). If theperson's license is revoked under any other statute, the limited drivingprivilege issued pursuant to this subsection is invalid.
(e) When the probablecause of the law enforcement officer is based on the prima facie evidence ruleset forth in subsection (c) above, the officer shall make a reasonable effortto contact the registered owner of the vehicle prior to initiating criminalprocess.
(f) Each lawenforcement agency shall adopt a policy applicable to the pursuit of fleeing oreluding motorists. Each policy adopted pursuant to this subsection shallspecifically include factors to be considered by an officer in determining whenit is advisable to break off a chase to stop and apprehend a suspect. TheAttorney General shall develop a model policy or policies to be considered foruse by law enforcement agencies. (1997‑443, s. 19.26(a); 2005‑341, s. 1.)