Fleeing to elude in North Carolina can be a misdemeanor or a felony. Pursuant to NCGS 20-141.5 (pdf), fleeing to elude in North Carolina will be a Class H felony if any two of the following factors are present:

  1. Speeding in excess of 15 miles per hour over the legal speed limit.

  2. Gross impairment of the person’s faculties while driving due to:
    1. Consumption of an impairing substance; or
    2. A blood alcohol concentration of 0.14 or more within a relevant time after the driving.

  3. Reckless driving as proscribed by G.S. 20-140.
  4. Negligent driving leading to an accident causing:
    1. Property damage in excess of one thousand dollars ($1,000); or
    2. Personal injury.

  5. Driving when the person’s drivers license is revoked.
  6. Driving in excess of the posted speed limit, during the days and hours when the posted limit is in effect, on school property or in an area designated as a school zone pursuant to G.S. 20-141.1, or in a highway work zone as defined in G.S. 20-141(j2).
  7. Passing a stopped school bus as proscribed by G.S. 20-217.
  8. Driving with a child under 12 years of age in the vehicle

In addition, a fleeing to elude case in North Carolina will be a felony if a death resulted from the person’s actions. Finally, the statute authorizes the seizure, impoundment, and eventual sale of the vehicle, if the person is ultimately convicted of the crime.

Damon Chetson - 993 posts

Damon Chetson is a Board Certified Specialist in State and Federal Criminal Law. He represents people charged with serious and minor offenses in Raleigh, Wake County, and the Eastern District of North Carolina. Call (919) 352-9411.

Car Seizures, Traffic Offenses