North Carolina § 20-176 - Penalty for misdemeanor or infraction.

§ 20-176. Penalty for misdemeanor or infraction.

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. A person who does any of the following is responsible for an infraction: Fails to carry the registration card in the vehicle, in violation of G.S. 20-57(c). Repealed by Session Laws 2016-90, s. 12(b), effective December 1, 2016, and applicable to registration cards issued on or after that date. 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. 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). 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. Repealed by Session Laws 2014-100, s. 16C.1(c), effective October 1, 2014. Repealed by Session Laws 2013-385, s. 5, effective December 1, 2013. 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. History (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).) Local Modification. - City of Charlotte: 2001-88. Editor's Note. - Session Laws 2014-100, s. 16C.1(g), made the repeal of subsection (c1) by Session Laws 2014-100, s. 16C.1(c), applicable to (i) persons placed on probation or sentenced to imprisonment for impaired driving under G.S. 20-138.1 on or after January 1, 2015, and (ii) persons placed on probation or sentenced to imprisonment for all other misdemeanors other than impaired driving under G.S. 20-138.1 on or after October 1, 2014. Session Laws 2016-90, s. 12(c), made the repeal of former subdivision (a1)(2) of this section, which pertained to failure of owner to sign a registration card, by Session Laws 2016-90, s. 12(b), applicable to registration cards issued on or after December 1, 2016. Effect of Amendments. - Session Laws 2013-360, s. 18B.14(h), effective December 1, 2013, added "Except as otherwise provided in subsection (c2) of this section, and" in subsection (c); and added subsection (c2). For applicability, see Editor's note. Session Laws 2013-385, s. 5, effective December 1, 2013, added "Except as otherwise provided in subsection (a1) of this section" in subsection (a); added subsection (a1); deleted "Except as otherwise provided in subsection (c2) of this section, and" preceding "Unless" in subsection (c); and deleted subsection (c2). For applicability, see Editor's note. Session Laws 2014-100, s. 16C.1(c), effective October 1, 2014, repealed subsection (c1), which read "Notwithstanding any other provision of law, no person convicted of a misdemeanor for the violation of any provision of this Chapter except G.S. 20-28(a) and (b), G.S. 20-141(j) , G.S. 20-141.3(b) and (c), G.S. 20-141.4 , or a second or subsequent conviction of G.S. 20-138.1 shall be imprisoned in the State prison system unless the person previously has been imprisoned in a local confinement facility, as defined by G.S. 153A-217(5) , for a violation of this Chapter." For applicability, see Editor's note. Session Laws 2016-90, s. 12(b), effective December 1, 2016, repealed subsection (a1)(2). See editor's note for applicability.