Traffic Violations in North Carolina

A traffic violation in North Carolina is recognized as any conduct or behavior that breaches one or more of the state’s traffic laws. Acts that constitute traffic violations are usually unacceptable by the government because they may endanger other motorists, members of society, or properties. The local police or state patrol officers check traffic violations and arrest road users caught disobeying traffic laws. An interaction with a law enforcement officer after a breach of traffic law usually results in a written citation for the offense, called a ticket, if the violation is minor. Details of these offenses are typically featured in the offender’s North Carolina traffic record.

For more severe offenses or in a situation in which continued actions of the motorist might further endanger the public, the officer of the law may arrest the motorist immediately and detain the party for further legal processing. Traffic infringement in North Carolina is broadly classified as either a civil or criminal offense. Civil traffic violations are minor traffic infractions that are against the law but are not criminal in nature. These misdeeds usually carry light penalties such as fines and are often relatively easy to settle.

On the other hand, criminal traffic offenses are severe violations of law, resulting in severe penalties if a conviction occurs, including hefty fines or incarceration. The classification of a traffic violation is usually indicated on the case number on the citation. The third and fourth characters on the number indicate the classification of the offense. If the third and fourth characters are “CR,” the violation is a criminal misdeed, while “IF” stands for infractions.

Traffic violations may be settled following legal procedures, which may involve a court hearing, detainment, or payment of fines. In addition, the Division of Motor Vehicles may also add some other penalties such as points allocation to the driver’s record, license suspension, license revocation, which consequently increases insurance premiums.

Types of Traffic Violations in North Carolina

Traffic violations in North Carolina are further categorized based on the state of the vehicle during the offense. This classification is based on the vehicle’s motion at the time of the breach and is designated either as a moving or non-moving offense. Moving traffic violation is a breach that occurs while the vehicle is in motion. These types of crimes are considered more severe due to the higher danger potential of a moving vehicle. The law officer always reports this class of traffic infringement to the DMV, leading to the allocation of points to the driver’s license. Moving offenses in North Carolina include speeding, running a red light/stop sign, and drunk driving.

On the other hand, non-moving traffic violations are defined as offenses committed while the vehicle is stationary. Although such breaches count as non-moving violations, they also include violations that would constitute an offense if the car was stationary. Non-moving traffic misdeeds are usually milder offenses and are not reported to the DMV. Non-moving violations include parking offenses, faulty equipment, or driving without a seat belt. Thus, if a police officer stops a vehicle with a broken tail-light while driving, the offense is charged as a non-moving violation.

North Carolina Traffic Violation Code

The North Carolina Traffic Violation Code is a body of laws set forth under Chapter 20 (Motor Vehicles) of the North Carolina General Statutes. This body of laws specifies road usage and safety regulations, the penalties for violating the regulations, the appropriate bodies authorized to address such matters, and the requirements to obtain a license to operate a motor vehicle.

North Carolina Felony Traffic Violations

Felony traffic violations are the most severe traffic offenses a motorist may commit. These offenses usually lead to aggravating circumstances and often have severe consequences such as death, serious injury, or serious property damage. As a result, these offenses carry the stiffest punishments, including hefty fines and lengthy imprisonment. Examples of felony traffic violations include:

Aggravated felony serious injury by vehicle
Felony death by vehicle
Aggravated felony death by vehicle
Repeat felony death by vehicle
Failure to stop in the event of a crash
Habitual impaired driving

North Carolina Traffic Misdemeanors

Criminal traffic violations in North Carolina are classified based on the severity of the offense, with the less severe traffic crimes termed ‘traffic misdemeanors.’ North Carolina traffic misdemeanors are traffic violations with a maximum jail sentence of one year. This type of offense may also carry other penalties such as fines, community service, license revocation, license suspension, assignment of demerit points. Unlike felonies, these types of offenses do not involve aggravating factors. Examples of traffic misdemeanor violations in North Carolina include:

Speeding while exceeding 15 mph above the speed limit
Reckless driving
Driving on a suspended or revoked license
Hit and run
Operating a vehicle without a license
Driving while impaired

However, a misdemeanor case may be elevated to a felony case if there are aggravating factors to the case, such as a history of repeated traffic misdeeds.

North Carolina Traffic Infractions

North Carolina traffic infractions are civil offenses committed on any roadway in the state. The acts which constitute traffic infractions are prohibited by law, but are not crimes. These offenses are usually minor violations and thus, carry less severe penalties, often limited to fines, demerit points, or community service. Examples of traffic infractions in North Carolina include:

Littering on the roadway
Speeding but not exceeding 15 mph above the speed limit
Illegal parking
Failing to signal/improper signaling
Failing to stop or yield
Seat belt violations
Faulty vehicular equipment
Making improper turns
Driving the wrong way down a one-way street

North Carolina Traffic Violation Codes and Fines

Almost all traffic violations in North Carolina require the payment of fines, including the fine levied by the court as specified by the type of offense and the court processing fee. The maximum imposable fine for an infraction in the state of North Carolina is stated under § 20-176 to be $100. A higher minimum sum of $200 is stated under § 15A-1340.23 for a misdemeanor traffic violation, with a maximum of $1,000. As specified under § 15A-1340.17, the fine payable by an individual convicted of a felony traffic violation is entirely at the court's discretion.

How to Pay a Traffic Violation Ticket in North Carolina

There are several means of paying for a traffic violation ticket in North Carolina. Still, the period of applicability of a particular payment method is dependent on the type of violation. A concerned party may pay for a traffic violation ticket in one of three ways: online, by mail, or in person.

For specific offenses termed "waivable offenses," the payment for the ticket is possible through any method at any time, before or on the court date (though it is advisable to make payment at least 24 hours before the court date). This is termed waiving the offense, as the traffic offender assumes responsibility and settles the fine. For a more severe violation that requires a mandatory court appearance, the offender may only make payment for the court-levied fine after a judge imposes the fine, and not before.

A road user may pay for a traffic violation ticket online through North Carolina's Judiciary website. The traffic offender may identify individual traffic citations on the website by citation numbers, and the payment involves using a credit or debit card. Court costs may also be added to the fine even though the payment is made online and there was no court appearance.

A traffic offender may also pay for a traffic ticket by mail by sending in the specified sum through a letter and addressing it to the Clerk of the Superior Court in the county in which the charge occurred. Payment by mail is only through a certified check, cashier's check, or money order. Cash payments or payment through a personal check is not acceptable.

A traffic violator may remit payment for a traffic ticket violation in person at the courthouse in the county where the road user was charged. All fines are made payable to the Clerk's Office during regular business hours. Payment is possible by cash, certified check, cashier's check, money order, or credit/debit cards. Personal checks are not permitted.

When a party pays for a traffic ticket without contesting the ticket in the court, the individual admits guilt for the offense and accepts other corresponding punishment for the traffic violation, including the addition of points to the offender's driver's license.

Traffic Violation Lookup in North Carolina

Usually, the court keeps records of traffic violation cases, and they are available for members of the public to view. Furthermore, Records of traffic violations, either criminal or civil, are accessible using the public terminals in the Clerk of Court’s Office or at the Clerk’s Office itself in the courthouse located in the county in which the driver committed the offense. An interested party may only search for a traffic violation record by using specific identifiers assigned to the record, such as the case number of names of the parties involved.

How to Plead not Guilty to a Traffic Violation in North Carolina

Pleading not guilty to a traffic violation in North Carolina is referred to as contesting the ticket. This may be an option if the defendant believes the ticket issued was undeserved, some aspect of the citation was incorrect, or the defendant maintains non-liability for the charge issued.

For misdemeanor and infraction traffic violations, the traffic offender may contest the ticket issued by entering a not guilty plea during the court hearing. After entering the plea, the court sets a trial date to determine if the road user is guilty or not. The defendant is not eligible for a jury trial as these hearings only occur at the district court. However, the trial may take place on the same day as the court hearing, at a later date set by the court, or at a new date at the defendant's request after filing a continuance. At the trial, the defendant presents their case and relevant evidence or witnesses to support the claim. The defending party may also hire a lawyer to attend the court proceeding on their behalf and plead not guilty.

For a felony traffic violation, the violator may enter a not guilty plea at the arraignment set up following the defendant's arrest.

What Happens if You Plead No Contest to a Traffic Violation in North Carolina

A no-contest plea is one of the several pleas which an accused traffic violator may enter. This plea signifies that the defendant is not contesting the violation but does not admit to committing the offense either. However, the defendant is convicted of the crime as though having pleaded guilty. A no-contest plea implies that the defendant is not assuming liability for the offense. As such, no admission of liability may be used against the accused in a civil action.

In addition, a no-contest plea waives the defendant's right to a trial, and the case may proceed straight to sentencing. The penalties that the court may impose for the violation might be the same as those set if the defendant pleaded guilty. This may include one or a combination of the following punitive actions; fines, incarceration, community service, probation, or a mandatory re-education program.

How Long Do Traffic Violations Stay on Your Record?

There is a distinction between a driving record and a criminal record, and the length of stay of a traffic violation on either record is independent of the other. Driving records are afforded points for traffic offenses, and the severity of the crime determines the number of points added to a driver’s record. Points remain on a driver’s record for three years from the time of the last offense.

Criminal traffic violations stay on a convicted person’s criminal record permanently unless the offender applies to expunge the record. This includes both felony and misdemeanor traffic violations.

Can Traffic Violations Be Expunged/Sealed in North Carolina?

Yes. However, the types of traffic violations that are eligible for expunction in North Carolina are specific. As stated under North Carolina General Statutes § 15A-145.5, the court only permits an offender to apply for expungement only once in the party’s lifetime. Thus, a convicted offender may only erase the record of one or more non-violent misdemeanors or a single non-violent felony.

Meanwhile, this limitation also applies to traffic violations. The traffic violator may only petition the court to erase the record of one or more non-violent traffic misdemeanor or a single traffic felony offense. Nevertheless, to qualify for an expungement, the offender must not have had any prior convictions of a felony or a Class A1 misdemeanor. Traffic infractions are not eligible for expungement.

An interested party must file a petition in the county’s court where the conviction occurred to initiate an expungement. For a non-violent felony offense, the convicted party may only file the petition ten years after the date of the sentence or ten years after completing any active sentences, probation, or post-release supervision. For a single or multiple non-violent misdemeanor, the concerned individual may only file a petition seven years from the date of the last conviction, active sentence, probation, or post-release supervision.

For the expungement of multiple non-violent misdemeanors, the expunction only covers all the offenses listed. Therefore, any crime committed after that date may never be erased again, even if they are non-violent. Felonies committed using a commercial vehicle are not qualified for the expungement process.

What Happens if You Miss a Court Date for a Traffic Violation in North Carolina?

Most times, for an issued citation in North Carolina, a court hearing usually follows. At this hearing, the accused party may enter a plea on the matter. However, since not all traffic citations require a mandatory court hearing, certain traffic violations (for instance, minor offenses) may be settled without having to go to court. This involves admitting responsibility and making a payment. But if, for some reason, the accused traffic offender feels that the traffic citation is unnecessary, the court sets another date to address the matter.

Missing a court hearing means failure to obey a mandate by law, and the party is in contempt of court. Upon the defendant’s absence from a court hearing on the specified date, the accused case is marked “called and failed,” which signifies that the defendant missed the court date - nevertheless, the defendant has 20 days from this time to appear at the court to answer the charge. If 20 days elapse without a response from the defending party, a ‘Failure to Appear’ will be issued against the defendant.

The failure to appear specifies that an additional fee termed the “failure to appear fee” may be levied against the defendant if the individual is guilty of the offense when the case is finally disposed of. Again, suppose 20 days elapse from the failure to appear; in that case, the court may inform the Division of Motor Vehicles of the missed court appearance, which may suspend the defendant’s driving license indefinitely until the matter is resolved. A failure to appear may also result in a warrant issued for the alleged offender’s arrest, mainly if the violation is a criminal traffic violation.