 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Rumph11/1/2005
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
The offense of fleeing to elude arrest is elevated to a felony if any two of eight listed aggravating factors are present at the time of the violation. N.C. Gen. Stat. § 20-141.5(b) (2004). In this case, Defendant contends the evidence was insufficient to establish the aggravating factors that his faculties were grossly impaired or that he was driving recklessly. We disagree as the record shows there was sufficient evidence to support the charged aggravating factors. Accordingly, we uphold the trial court's denial of Defendant's motion to dismiss. Moreover, we find no error by the trial court regarding Defendant's remainingassignments of error.
At trial, the State presented evidence tending to show that at approximately 3:00 a.m. on 3 November 2003, Officer Rob Henninger of the Gaston County Police Department observed a white vehicle pass by his parked vehicle at a high rate of speed. The officer pursued the vehicle for about two miles and ultimately caught up with it at a traffic light. But the vehicle accelerated from the traffic light to a speed of seventy miles per hour, weaved in its lane of travel, and failed to stop after the officer activated his vehicle's blue light and siren. Additional patrol cars joined the pursuit with activated blue lights and sirens. Ultimately, the pursued vehicle struck a curb, blew a tire , continued to travel to about 100 yards ahead of a police roadblock, and stopped.
Upon approaching the stopped vehicle, Officer Henninger identified the single occupant and driver of the vehicle as Defendant. As Officer Henninger prepared to handcuff Defendant, he asked him, "What were you doing?" Defendant responded, "I just wanted to finish my beer before I stopped[.]" A search of the vehicle revealed numerous beer cans, an open bottle of beer, and an open bottle of wine in the front passenger area. Officer Henninger described Defendant's eyes as "extremely bloodshot" and detected a strong odor of alcohol on Defendant's breath. Defendant's breath tested positive for the presence of alcohol on a field screening test. Defendant refused to submit to an Intoxilyzer test.
Defendant was found guilty of felony fleeing to elude arrest, driving while impaired, driving while license revoked, and drivingwhile possessing an open container of alcoholic beverage in the passenger area of a motor vehicle. In exchange for his guilty plea to habitual felon status and misdemeanor larceny, all of the convictions were consolidated and Defendant was sentenced to 120 to 153 months imprisonment.
On appeal, Defendant contends that the trial court erred by denying his motion to dismiss the charges of felony fleeing to elude arrest because the evidence was insufficient to establish that his faculties were grossly impaired or that he was driving recklessly. We disagree.
A person is guilty of the offense of fleeing to elude arrest if he operates a motor vehicle on a street, highway or public vehicular area while fleeing or attempting to elude a law enforcement officer who is in the lawful performance of his duties. N.C. Gen. Stat. § 20-141.5(a) (2004). The offense is elevated to a felony if any two of eight listed aggravating factors are present at the time of the violation. N.C. Gen. Stat. § 20-141.5(b).
As aggravating factors in this case, the indictment charged that Defendant's faculties were grossly impaired due to consumption of an impairing substance, Defendant was drivin
Page 1 2 3 North Carolina DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|