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State v. Morris5/3/2005
t of every reasonable inference to be drawn therefrom." State v. Patterson, 335 N.C. 437, 450, 439 S.E.2d 578, 585 (1994).
Felony speeding to elude arrest is defined under N.C. Gen. Stat. § 20-141.5 (2003) as follows:
(a) It shall be unlawful for any person to operate 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. Except as provided in subsection (b) of this section, violation of this section shall be a Class 1 misdemeanor.
(b) If two or more of the following aggravating factors are present at the time the violation occurs, violation of this section shall be a Class H felony.
(1) Speeding in excess of 15 miles per hour over the legal speed limit.
(3) Reckless driving as proscribed by G.S. 20-140.
(5) Driving when the person's drivers license is revoked.
Defendant stipulated to driving while license revoked, one of the eight aggravating factors. Therefore, the State was required to prove one additional aggravating factor to support the conviction of felony speeding to elude arrest.
North Carolina General Statutes § 20-140 (2003) defines the offense of reckless driving as follows:
(a) Any person who drives any vehicle upon a highway or any public vehicular area carelessly and heedlessly in willful or wanton disregard of the rights or safety of others shall be guilty of reckless driving.
(b) Any person who drives any vehicle upon a highway or any public vehicular area without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property shall be guilty of reckless driving.
The State presented substantial evidence that defendant drove at speeds well above the thirty-five mile per hour speed limit, failed to stop at two stop signs, cut in front of two cars at an intersection, and swerved left of center onto the shoulder of the road while making a turn, placing several pedestrians at risk. Atthe conclusion of the chase, defendant turned into a driveway and jumped from his vehicle as it collided with a van parked in the driveway, causing approximately $500 in damage to the van. From this evidence, a jury could reasonably conclude that defendant recklessly drove a vehicle "in willful or wanton disregard of the rights or safety of others." N.C. Gen. Stat. § 20-140(a). Accordingly, we hold the trial court did not err in denying defendant's motion to dismiss the charge of felony speeding to elude arrest.
No error.
Chief Judge MARTIN and Judge McCULLOUGH concur.
Report per Rule 30(e).
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