N.C.P.I.—Crim. 270.54A

NOTE WELL: For the defendant to be guilty of misdemeanor

operating a motor vehicle to elude arrest it is only necessary for

the state to prove the first three elements. (See N.C.P.I. 270.54.)

The defendant has been charged with the felonious operation of a motor

vehicle to elude arrest.

For you to find the defendant guilty of this offense, the State must prove

four things beyond a reasonable doubt:

First, that the defendant was operating a motor vehicle1.

Second, that the defendant was operating that motor vehicle on a

[street] [highway] [public vehicular area].

Third, that the defendant was [fleeing] [attempting to elude] a law

enforcement officer who was in the lawful performance of his duties.

A (describe officer’s status, e.g., highway patrol trooper) is a law

enforcement officer with authority to enforce the motor vehicle laws. A person

[flees] [attempts to elude] arrest or apprehension by a law enforcement officer

when he knows or has reasonable grounds to know that an officer is a law

enforcement officer, is aware that the officer is attempting to arrest or

apprehend him, and acts with the purpose of getting away in order to avoid

arrest or apprehension by the officer.

And Fourth, that two or more of the following factors were present at

that time:2

NOTE WELL: Instruct on two or more of the factors alleged in the bill of

indictment which are supported by the evidence.

[(1) speeding in excess of 15 miles per hour over the legal speed limit]

[(2) gross impairment of the defendant’s faculties while driving due to

[consumption of an impairing substance]3 [a blood alcohol level of

0.14 or more within a relevant time after driving]]

[(3) reckless driving (use N.C.P.I.—Crim. 270.80 or 270.81)]

[(4) negligent driving leading to an accident causing [property damage

in excess of $1000] [personal injury]]

[(5) driving while his driver’s 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] [in

an area designated as a school zone (define school zone; see G.S.

20-141.1)] [in a highway work zone (define highway work zone;

see G.S. 20-141(j2))]

[(7) passing a stopped school bus (use N.C.P.I.—Crim. 270.75)]

[(8) driving with a child under 12 years of age in the vehicle.]

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date, the defendant operated a motor vehicle on a [street]

[highway] [public vehicular area], while [fleeing] [attempting to elude] a law

enforcement officer who was in the lawful performance of his duties and two

or more of the following factors were present, [(1) speeding in excess of 15

miles per hour over the legal speed limit] [(2) gross impairment of the

defendant’s faculties due to [consumption of an impairing substance] [a blood

alcohol level of 0.14 or more within a relevant time after driving]] [(3) reckless

driving] [(4) negligent driving leading to an accident causing [property

damage in excess of $1000] [personal injury]] [(5) driving while his driver’s

license is revoked] [(6) driving in excess of the posted limit during the days

and hours when the posted limit is in effect [on school property] [in an area

designated as a school zone] [in a highway work zone]] [(7) passing a stopped

school bus] [(8) driving with a child under 12 years of age in the vehicle], and

the defendant knew or had reasonable grounds to know that the officer was a

law enforcement officer, it would be your duty to return a verdict of guilty of

felonious operation of a motor vehicle to elude arrest. If you do not so find or

have a reasonable doubt as to one or more of these things, you will not return

a verdict of guilty of felonious operation of a motor vehicle to elude arrest, but

would determine whether the defendant is guilty of misdemeanor operation of

a motor vehicle to elude arrest.

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date, the defendant operated a motor vehicle on a [street]

[highway] [public vehicular area], while [fleeing] [attempting to elude] a law

enforcement officer, knowing or having reasonable grounds to know that the

officer is a law enforcement officer, who was in the lawful performance of his

duties, it would be your duty to return a verdict of guilty of misdemeanor

operation of a motor vehicle to elude arrest. If you do not so find or have a

reasonable doubt as to one or more of these things, it would be your duty to

return a verdict of not guilty.