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North Carolina General Statute § 14-3.1 - Infractions
North Carolina law distinguishes between criminal offenses and infractions. N.C.G.S. § 14-3.1 defines an infraction and outlines the general sanctions associated with noncriminal violations.
Under N.C.G.S. § 14-3.1, an infraction is defined as:
- A noncriminal violation of the law
- Not punishable by imprisonment
This distinction is important, as it separates infractions from misdemeanors and felonies, which are criminal offenses.
Sanctions for InfractionsThe law sets forth the following regarding penalties for infractions:
- Maximum Penalty: Unless otherwise specified by law, the sanction for an infraction cannot exceed one hundred dollars ($100.00).
- Allocation of Penalties: The money collected from infraction penalties goes to the county where the infraction occurred.
- Use of Funds: These funds are designated for use by the public schools in that county.
N.C.G.S. § 14-3.1 refers to Article 66 of Chapter 15A of the General Statutes for the procedure to dispose of infractions. This article outlines the specific legal processes for dealing with infractions in North Carolina.
Example ScenarioSarah, a resident of Charlotte, receives a citation for failing to stop at a stop sign. Under North Carolina law, this specific violation is classified as an infraction.
- Sarah is not facing criminal charges or potential jail time.
- She may be required to pay a fine (referred to as a "penalty" for infractions).
- Sarah will also likely need to pay court costs in addition to the penalty.
- If Sarah pays the penalty, that money will go to Mecklenburg County for use in the Charlotte-Mecklenburg School system.
- The process for resolving this infraction will follow the procedures outlined in Article 66 of Chapter 15A of the NC General Statutes.
- Noncriminal Nature: Infractions do not result in a criminal record.
- No Jail Time: Unlike misdemeanors or felonies, infractions cannot lead to imprisonment.
- Limited Financial Impact: The standard maximum penalty is capped at $100, though specific laws may set different limits.
- Local Benefit: Penalties from infractions support local public schools.
Legal Context
Conclusion
While N.C.G.S. § 14-3.1 provides a general framework for infractions, it's worth noting that specific infractions and their exact penalties may be defined in various other statutes or local ordinances. Some infractions, particularly traffic-related ones, may carry higher fines or additional consequences like points on a driver's license.
FAQs on InfractionsDo I Need a Lawyer for an Infraction?
If you've been cited for an infraction in Mecklenburg County, you might wonder if you need legal representation. While infractions are noncriminal, there can be good reasons to consult with a lawyer:
- Understanding Your Rights: A lawyer can explain the specific law you're accused of violating and your options for responding.
- Exploring Defenses: There might be valid reasons to contest the infraction.
- Considering Long-term Impacts: Some infractions, especially traffic-related ones, can have consequences beyond the immediate fine, like insurance points.
- Navigating the Process: The procedures for handling infractions, while simpler than criminal cases, can still be confusing for many people.
- Appearance in Court: Traffic Lawyers in Charlotte can handle many infractions by “waiver” on behalf of the client.
At Powers Law Firm PA, we have substantial experience dealing with various types of infractions in Mecklenburg County. Bill Powers has been helping people in Charlotte for more than 30 years! We can provide guidance on your specific situation. For a free consultation, you can reach us at 704-342-4357.
What Are the Punishments for an Infraction in North Carolina?
In North Carolina, an infraction is a non-criminal violation of law. It's less serious than a misdemeanor or felony and doesn't result in jail time. Common examples include many traffic violations, like running a stop sign or speeding (in some cases).
Key points about infractions:
- Not punishable by imprisonment
- Generally carry a maximum penalty of $100, unless otherwise specified by statute
- Penalties go to the county where the infraction occurred for use in public schools
Do I Need a Lawyer for a Traffic Ticket?
While you're not required to have a lawyer for a traffic ticket, there can be benefits to legal representation:
- Understanding options: A lawyer can explain possible outcomes and strategies.
- Potential for reduced charges: In some cases, a lawyer may negotiate for a less serious violation.
- Handling court appearances: A lawyer may be able to appear on your behalf, saving you time.
- Long-term considerations: Some violations can affect insurance rates or accumulate points on your license. A lawyer can advise on the most appropriate manner in which to proceed.
If you're facing an infraction in Mecklenburg County and have questions about how it might affect you, we think it’s a good idea to speak with a traffic ticket lawyer.
At Powers Law Firm PA, we have substantial experience handling various types of infractions and would be honored to provide guidance tailored to your specific situation. Bill Powers has been helping clients for more than 30 years!
For a free consultation about your traffic ticket in Charlotte, please call us now at 704-342-4357 or email Charlotte lawyer Bill Powers directly at Bill@CarolinaAttorneys.com. Remember, while infractions are less serious than criminal charges, there still can be negative consequences. That’s one reason why understanding your options is important.
Can a Lawyer Appear for Me in Court?
A lawyer can appear on your behalf for some infractions and minor traffic offenses in Mecklenburg County, North Carolina. This can be particularly helpful if:
- You live far from the courthouse
- You have work or family commitments that make attending court difficult
- You're unfamiliar with court procedures
- You’re not sure about how insurance points work or whether a PJC is a good idea or even possible for your type of traffic ticket
In some situations, you may need to appear personally, even if represented by legal counsel. Your lawyer can advise you on whether your presence is required.
What is a Prayer for Judgment Continued (PJC) in North Carolina?
A Prayer for Judgment Continued (PJC) is somewhat unique to North Carolina traffic law. When a PJC is granted:
- The court withholds entering a final judgment on the case
- You're not technically convicted of the offense. The Judge “continues judgment.”
- In some cases, it may help avoid insurance points and rate increases
Key points about PJCs:
- They're limited: Individuals can use one PJC every three years, and households are limited to two PJCs in a five-year period for insurance purposes.
- A PJC is NOT available for certain criminal charges and/or traffic tickets.
- A PJC can be complex: Eligibility for a PJC (and the possible consequences for entry of a Prayer for Judgment Continued) can vary based on your specific situation and driving record.
Given the nuances of a PJC in North Carolina, we think it’s a good idea to consult with an experienced traffic ticket lawyer in Mecklenburg County to determine whether a PJC is beneficial in your specific case.
If you have questions about infractions, traffic tickets, or PJCs in Mecklenburg County, feel free to contact the Powers Law Firm PA at 704-342-4357. Our team can provide guidance based on your individual circumstances.
Conclusion
Understanding N.C.G.S. § 14-3.1 is helpful if you're dealing with an infraction in Mecklenburg County, NC. While infractions are less serious than criminal charges, they can still have financial consequences and may impact your driving record in certain ways.
If you're facing an infraction or have questions about how this law might apply to your situation, we think it makes sense to speak with a legal professional who can provide advice tailored to your circumstances. Feel free to contact our team to discuss your options. Call 704-342-4357 or email Charlotte lawyer Bill Powers at Bill@CarolinaAttorneys.com.
