(a) Violation of a provision of Part 9, 10, 10A, or 11 of this Article is an infraction unless the violation is specifically declared by law to be a misdemeanor or felony. Except as otherwise provided in subsection (a1) of this section, violation of the remaining Parts of this Article is a misdemeanor unless the violation is specifically declared by law to be an infraction or a felony.
(a1) A person who does any of the following is responsible for an infraction:
(1) Fails to carry the registration card in the vehicle, in violation of G.S. 20-57(c).
(2) Repealed by Session Laws 2016-90, s. 12(b), effective December 1, 2016, and applicable to registration cards issued on or after that date.
(3) Fails to notify the Division of an address change for a vehicle registration card within 60 days after the change occurs, in violation of G.S. 20-67.
(4) Operates a motor vehicle in violation of G.S. 20-146.2.
(b) Unless a specific penalty is otherwise provided by law, a person found responsible for an infraction contained in this Article may be ordered to pay a penalty of not more than one hundred dollars ($100.00).
(c) Unless a specific penalty is otherwise provided by law, a person convicted of a misdemeanor contained in this Article is guilty of a Class 2 misdemeanor. A punishment is specific for purposes of this subsection if it contains a quantitative limit on the term of imprisonment or the amount of fine a judge can impose.
(c1) Repealed by Session Laws 2014-100, s. 16C.1(c), effective October 1, 2014.
(c2) Repealed by Session Laws 2013-385, s. 5, effective December 1, 2013.
(d) For purposes of determining whether a violation of an offense contained in this Chapter constitutes negligence per se, crimes and infractions shall be treated identically. (1937, c. 407, s. 137; 1951, c. 1013, s. 7; 1957, c. 1255; 1967, c. 674, s. 3; 1969, c. 378, s. 3; 1973, c. 1330, s. 34; 1975, c. 644; 1985, c. 764, s. 20; 1985 (Reg. Sess., 1986), c. 852, ss. 7, 17; c. 1014, s. 202; 1993, c. 539, s. 379; 1994, Ex. Sess., c. 24, s. 14(c); 2013-360, s. 18B.14(h); 2013-385, s. 5; 2014-100, s. 16C.1(c); 2016-90, s. 12(b); 2021-185, s. 13(b).)
Notes of Decisions
Cited in
30
cases (
1 in the last 5 years), 1948–2024 · leading case:
State v. Spencer, 173 S.E.2d 765 (N.C. 1970).
State v. Spencer, 173 S.E.2d 765 (N.C. 1970).
· cites it 5× “1 is controlled by G.S. 20-176 (b) as interpreted and applied in State v.”
Glenn-Robinson v. Acker, 538 S.E.2d 601 (N.C. Ct. App. 2000).
· cites it 3× “1(a) is a misdemeanor, see N.C.G.S. § 20-176(a) (1999), such that an officer may make a war-rantless arrest if the officer has probable cause to believe the violation was committed in his presence, see G.”
Johnson v. City of Fayetteville, 91 F. Supp. 3d 775 (E.D.N.C. 2015).
· cites it 2× “” N.C. Gen.Stat. § 20-176(a). A violation of either statute requires, at minimum, a showing that a person (1) willfully, (2) disobeyed a lawful order or direction of (3) a law enforcement officer.”
Shavitz v. City of High Point, 630 S.E.2d 4 (N.C. Ct. App. 2006).
· cites it 2× “Generally, section 20-158(b)(2) is enforced by statutory section 20-176(b), which makes a violation an infraction, punishable by a fine.”
McEwen Funeral Serv., Inc. v. Charlotte City Coach Lines, Inc., 102 S.E.2d 816 (N.C. 1958).
· cites it 3× “G.S. § 20-176. The mere statement that the ambulance approached the intersection "with the siren on the very highest peak," without further evidence to show that defendant's driver heard or should have heard and, as a prudent operator, appreciated the demand to yield, is…”
State v. Schiffer, 510 S.E.2d 165 (N.C. Ct. App. 1999).
· cites it 2× “20-127(d), (d)(2); N.C. Gen. Stat. § 20-176 (c) (1993). When Deputy Jacobs pulled behind the Grand Prix, he noticed it had Florida tags.”
State v. Smith, 666 S.E.2d 191 (N.C. Ct. App. 2008).
· cites it 2× “N.C. Gen. Stat. § 20-176 (a) (2007). Here, the objective facts establish: (1) it was 1:50 a.”
State v. . Wooten, 46 S.E.2d 868 (N.C. 1948).
· cites it 2× “, 20-148; and (3) that “it shall be unlawful and constitute, a misdemeanor for any person to violate any of the provisions of this article unless such violation is by this article or other law of this state declared to be a felony,” G. S., 20-176 (a), — and the punishment for…”
State v. Eason, 86 S.E.2d 774 (N.C. 1955).
“20-129 and punishable as prescribed in G.S. 20-176 (b). It is noteworthy that we are not here concerned with lights which in some particular fail to comply with statutory requirements.”
State v. Tolley, 156 S.E.2d 858 (N.C. 1967).
· cites it 2× “20-180; G.S. 20-176 (b). “Any person convicted of reckless driving shall be punished by imprisonment not to exceed six months or by a fine, not to exceed five hundred dollars ($500.”
Hinson v. Dawson, 86 S.E.2d 585 (N.C. 1955).
“20-38 (a); G.S. 20-176. Statutes creating criminal offenses are subject to strict construction.”
— N.C. Gen. Stat. § 20-176(a) — 5 cases
Glenn-Robinson v. Acker, 538 S.E.2d 601 (N.C. Ct. App. 2000).
“1(a) is a misdemeanor, see N.C.G.S. § 20-176(a) (1999), such that an officer may make a war-rantless arrest if the officer has probable cause to believe the violation was committed in his presence, see G.”
Johnson v. City of Fayetteville, 91 F. Supp. 3d 775 (E.D.N.C. 2015).
“” N.C. Gen.Stat. § 20-176(a). A violation of either statute requires, at minimum, a showing that a person (1) willfully, (2) disobeyed a lawful order or direction of (3) a law enforcement officer.”
— N.C. Gen. Stat. § 20-176(b) — 4 cases
Shavitz v. City of High Point, 630 S.E.2d 4 (N.C. Ct. App. 2006).
“Generally, section 20-158(b)(2) is enforced by statutory section 20-176(b), which makes a violation an infraction, punishable by a fine.”
State v. Tolley, 156 S.E.2d 858 (N.C. 1967).
“20-180; G.S. 20-176 (b). “Any person convicted of reckless driving shall be punished by imprisonment not to exceed six months or by a fine, not to exceed five hundred dollars ($500.”
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