Traffic laws in North Carolina are designed to maintain order and protect all road users, from pedestrians to motorists. Drivers must understand these laws to navigate the roads more safely and avoid penalties that can impact their driving privileges and personal records.
The North Carolina Division of Motor Vehicles (NCDVM), along with the North Carolina State Highway Patrol (NCSHP) and various local law enforcement agencies, play vital roles in monitoring and enforcing traffic laws. These authorities guarantee compliance through regular patrols, traffic stops, and citations for violations.
A driver who commits a traffic violation in North Carolina can face serious repercussions. It can lead to the suspension or revocation of their driving privileges, as well as paying hefty fines and increasing insurance premiums. Besides that, it can tarnish their driving record, affecting employment opportunities, particularly for jobs that require driving.
In line with that, drivers in the state must practice responsible driving. By following traffic laws, individuals can avoid legal penalties and promote a safe driving culture, leading to fewer traffic violations.
What Are the Major Traffic Violations in North Carolina?
North Carolina traffic violations are categorized based on the vehicle's state during the offense, which is classified as moving or non-moving offenses.
Moving traffic violations occur when the car is in motion and are deemed more serious due to the increased risk associated with a moving vehicle. These violations are always reported to the NCDMV by law enforcement officers, resulting in points being added to the driver's license.
On the other hand, non-moving traffic violations occur when the vehicle is stationary. These offenses are less severe and are not reported to the NCDMV, meaning they do not result in points on the driver's license.
Felony Traffic Violations in North Carolina
Felony traffic violations in North Carolina represent the gravest offenses a driver can commit, often involving circumstances that result in significant harm or danger to others. These violations frequently lead to severe outcomes such as death, serious injury, or extensive property damage.
Consequently, the penalties for these offenses are the most severe under North Carolina law, including substantial fines and extended periods of imprisonment.
Examples of felony traffic violations in North Carolina include:
- Aggravated felony causing serious injury
- Felony vehicular manslaughter
- Aggravated felony vehicular manslaughter
- Repeat offender vehicular manslaughter
- Leaving the scene of an accident
- Habitual driving while impaired
Traffic Misdemeanors in North Carolina
Traffic misdemeanors in North Carolina are considered less severe than felonies as they do not involve aggravating factors. However, these offenses still carry significant consequences.
More specifically, traffic misdemeanors include criminal traffic violations with potential penalties of up to one year in jail. Offenders may also face fines, community service requirements, license suspension or revocation, and the assignment of demerit points on driving records.
Among the offenses considered as traffic misdemeanor violations in North Carolina are the following:
- Exceeding the speed limit by more than 15 mph
- Reckless driving
- Hit-and-run incidents
- Operating a car without a license
- Driving while impaired
Keep in mind that traffic misdemeanors can escalate to a felony if aggravating circumstances are present, such as a history of repeated traffic offenses. In such cases, the legal consequences become more severe, which reflects the increased threat to public safety.
Traffic Infractions in North Carolina
Traffic infractions in North Carolina are civil offenses on the state's roadways. Although these actions are prohibited by law, they are not considered crimes.
Typically, traffic infractions involve minor violations and, therefore, result in less severe penalties than criminal offenses. These penalties often include fines, demerit points on a driver's record, or community service.
Below are the examples of traffic infractions in North Carolina:
- Disposing of litter on the roadway
- Exceeding the speed limit by up to 15 mph
- Parking violations
- Not using turn signals or signaling incorrectly
- Not stopping or yielding when required
- Violations related to seat belt use
- Faulty vehicle equipment
- Making improper turns
- Driving the wrong way on a one-way street
North Carolina Driving Under the Influence Laws
Driving under the influence (DUI) is a serious traffic violation in North Carolina.
Under the General Statutes Section 20-138.1, a driver is guilty of DUI if found operating a vehicle under the influence of alcohol or any impairing substance or if their blood alcohol concentration (BAC) is 0.08% or higher (0.04% or higher for commercial drivers per General Statutes Section 20-138.2).
Additionally, driving with any amount of a Schedule I controlled substance or its metabolites in the system constitutes DUI.
DUI Sentencing Levels in North Carolina
Penalties for DUI offenses in North Carolina vary depending on the severity and the number of prior offenses. The state categorizes DUI punishments into five levels, with Level 1 being the most severe:
- Level 5: Penalties include fines up to $200 and a minimum jail sentence of 24 hours, extending to 60 days. The sentence can be suspended but requires drivers to spend 24 hours in jail, complete 24 hours of community service, or refrain from driving for 30 days.
- Level 4: Offenders at this level face fines up to $500 and jail time ranging from 48 hours to 12 days. Sentence suspension is possible but requires at least 48 hours in jail, 48 hours of community service, or a 60-day driving prohibition.
- Level 3: This level includes fines up to $1,000 and jail sentences ranging from 72 hours to six months. Sentence suspension is only possible with a minimum of 72 hours in jail, 72 hours of community service, or a 90-day driving ban.
- Level 2: Level 2 offenders may face fines up to $2,000 and a mandatory minimum jail sentence of seven days, extending to one year. This sentence cannot be suspended.
- Level 1: This level carries fines up to $4,000 and a mandatory minimum jail sentence of 30 days, up to two years. The punishment for this level also cannot be suspended.
It is worth noting that repeat offenders, those with revoked licenses, impaired drivers with young children, or those involved in crashes causing injury may face the most severe penalties. Also, all impaired drivers must undergo a substance abuse assessment and comply with recommended treatment to have their licenses reinstated after a revocation period.
North Carolina Speeding Violations
In North Carolina, there are various speeding violations that individuals can be charged with.
One common violation is driving above the posted speed limit. When no specific speed limit is posted, the default speed limits are 35 mph within a municipality, 55 mph outside of a municipality's boundaries, and 70 mph on highways.
Additionally, North Carolina law prohibits driving on interstate and highway roads at speeds lower than 40 mph on roads with a posted speed limit of 55 mph or less and speeds lower than 45 mph on roads with a speed limit of 60 mph or higher.
Furthermore, individuals can receive speeding tickets for other offenses, such as speeding in work zones, speeding in school zones, and engaging in speed competition.
The penalties for a speeding violation vary depending on the jurisdiction where the ticket is issued. However, the most common consequences include fines ranging from $10 to $250 (or more for misdemeanor offenses), court costs averaging around $200 to $250, accumulation of driver's license points, and increased insurance costs.
In more severe cases, individuals may face driver's license suspension, potential jail sentences, and the creation of a permanent criminal record.
How Does North Carolina's DMV Point System Work?
The NCDMV uses a point system to monitor driving behavior and enforce traffic laws. When a driver is convicted of specific motor vehicle violations, points are added to their driving record based on the severity of the offense.
Below are the common traffic tickets and their corresponding values in North Carolina:
- Littering while driving: 1 point
- Speeding within a school zone: 3 points
- Failure to report an accident: 3 points
- Not having auto insurance: 3 points
- Ignoring a siren: 3 points
- Running a stop sign or red light: 3 points
- Not yielding to another vehicle: 3 points
- Not yielding to a pedestrian: 4 points
- Driving against traffic: 4 points
- Leaving the scene of an accident with property damage: 4 points
- Reckless operation of a vehicle: 4 points
- Tailgating: 5 points
- Aggressive driving behavior: 5 points
Refer to the schedule of point values outlined in North Carolina General Statutes Section 20-16 to learn more about the state's corresponding point values for specific traffic tickets.
The NCDMV will suspend a driver's license if the driver accumulates 12 points within three years or eight points within three years following a license reinstatement.
The length of the suspension varies depending on the number of previous suspensions. A first suspension results in a 60-day suspension, a second suspension lasts for six months, and any subsequent suspensions incur a 12-month suspension.
North Carolina drivers can track their license status and the number of points on their record through their MyDMV account.
How Long Do Points Stay on North Carolina Driving Records?
In North Carolina, traffic violations result in points on driving records. These points remain on record for three years, and if a driver accumulates enough points, their license may be suspended and face higher insurance premiums.
Drivers who accumulate four points on the eight-point scale or seven points on the 12-point scale can request to attend a driver improvement clinic. This clinic provides an opportunity to receive point credit and reduce the points on the driving record.
To qualify for this credit, individuals must meet specific criteria and have a conference with an administrative hearings officer. Upon completing the clinic, three points are deducted from the driving record.
Note that the NCDMV allows drivers to take a driver improvement clinic for point reduction only once every five years. Additionally, attending this clinic is associated with a fee, which amounts to $83.50.
What Is the Process for Handling Traffic Tickets in North Carolina?
Individuals who receive traffic tickets in North Carolina have multiple options for addressing them. They can pay the fine, contest the ticket, or negotiate a plea bargain. Detailed information on each option is provided below:
Pay the Ticket
When an individual decides to pay a traffic ticket without contesting it in court, they essentially admit guilt for the offense and accept the corresponding punishment, including adding points to their driver's license.
There are three ways to pay for a traffic violation ticket in North Carolina: online, by mail, or in person.
To pay online, the traffic offender can visit North Carolina's Judiciary website and locate their specific traffic citations using the citation numbers. Payment can be made using a credit or debit card. Even though the payment is made online and no court appearance is required, court costs may still be added to the fine.
For payments by mail, the offender can send the specified amount through a certified check, cashier's check, or money order to the Clerk of the Superior Court in the county where the charge occurred.
Meanwhile, those who prefer to pay in person can visit the courthouse in the county where the offense took place. Payments can be made during regular business hours and can be made in cash, certified checks, cashier's checks, money orders, or credit/debit cards.
It is worth mentioning that for "waivable offenses," payment can be made through any method at any time, even before the court date. However, making payment at least 24 hours in advance is advisable.
On the other hand, for more severe violations requiring a mandatory court appearance, the offender can only pay the court-levied fine after a judge imposes it.
Contest the Ticket
Contesting a traffic ticket in North Carolina is a viable option for defendants who believe their citation was unwarranted, contained errors, or if they dispute liability for the charge.
To contest a ticket, defendants should notify the court before the citation date and consider hiring an attorney. Legal professionals can offer crucial advice on potentially dismissing the ticket and, if dismissal is not possible, can negotiate a plea deal for reduced charges.
Furthermore, defendants should thoroughly prepare by gathering all relevant facts, contacting witnesses if necessary, and organizing their arguments for presentation in court. On the court date, they must present their case to the judge, who will then render a verdict.
If successful in contesting the ticket, defendants will avoid paying fines and other penalties. Conversely, if found guilty, they will be required to pay the ticket fines and court fees and may have points added to their driving record.
It is essential for those contesting a traffic ticket to appear in court on the scheduled date. Failure to do so may result in the court notifying the NCDMV about the missed appearance, potentially leading to an indefinite suspension of the defendant's driving license until the matter is resolved.
Negotiate a Plea Bargain
In North Carolina, individuals facing traffic tickets can negotiate a plea bargain with the assistant district attorney before their trial. This allows them to exchange their moving violation for a guilty plea for a non-moving violation. By doing so, they can avoid having points added to their driving record and prevent an increase in their auto insurance premium.
The specific terms of the plea bargain will vary depending on the case, but the defendant may be offered a reduced charge if they fulfill certain conditions. Examples of these conditions include completing a driver improvement course or a set number of community service hours.
How Are Accident Reports Handled in North Carolina?
According to North Carolina General Statutes Section 20-166.1, drivers involved in a reportable accident or an accident that causes injury or death to a person or damage to property are required to promptly notify the appropriate law enforcement agency using the fastest available means of communication.
Under this code, drivers must contact the police department if an accident occurs within a city or town. If the crash occurs outside a city or town, drivers must notify the county sheriff, NCSHP, or other rural police.
When reporting an auto accident, individuals must provide crucial information, including the following:
- Full names and addresses of those involved
- Driver's license numbers of involved drivers
- Details of vehicles involved in the accident, such as license plate numbers and vehicle identification numbers (VINs)
- Insurance information of involved individuals
- Date, time, and location of the accident
- Any injuries or fatalities
- Property damages
- Brief description of how the accident occurred
These reports must contain factual information. The NCDMV uses the provided details to determine fault and allocate points on the driver's record accordingly. Similarly, insurance companies rely on these reports to process claims and adjust premiums if necessary.
How To Get a Copy of a Crash Report in North Carolina?
All state crash reports investigated by law enforcement agencies are sent to the NCDMV. Individuals seeking a copy of these reports can request by mail or in person.
Those opting to request by mail must complete the Crash Report Request (TR-67A) form and send it along with a payment of $6.50 to the address provided on the form. Allow ten business days for the request to be processed. To avoid delays, ensure that the form is filled out accurately and that the payment is made by check or money order payable to NCDMV.
Alternatively, individuals can visit the Raleigh Central Services/License Plate Agency or the Huntersville License Plate Agency in person to request a crash report. At these locations, they need to submit the TR-67A form and make the payment.
It is worth noting that requests for five records or fewer can be obtained immediately, while larger requests may take longer to process.
Besides requesting from the NCDMV, interested parties can request a copy of the crash report from the law enforcement agency that responded to the accident.
What Should Drivers Know about Traffic-Related Arrests in North Carolina?
Drivers in North Carolina should be aware that serious traffic violations can lead to arrest. Offenses such as speeding, driving while impaired, reckless driving, and hit-and-run can result in handcuffing and detention by law enforcement officers.
During the arrest process, officers must inform the offender of the reason for the arrest and remind them of their rights, including the right to remain silent and request an attorney.
The consequences of a traffic-related arrest can be significant, encompassing fines, license suspension, higher insurance rates, and even imprisonment.
Drivers should seek the guidance of a criminal defense attorney to understand their rights and explore their legal options when dealing with the arrest, such as admitting guilt or contesting the arrest.
If offenders choose to contest the arrest, they must gather evidence and collaborate with their attorney. By doing so, they can construct the best defense, which effectively reduces the penalty associated with the charge.