North Carolina Driving Laws: Common Violations and What Happens Next
North Carolina traffic violations are not all handled the same way. Some are noncriminal infractions, while others are criminal offenses. If you receive a citation, first check the exact violation, whether a court appearance is required, and any instructions listed on the citation. If an arrest occurs, release conditions are a separate issue decided by a judicial official.
Updated 2026-09-22
Understanding Traffic Infractions vs. Criminal Charges
In North Carolina under N.C.G.S. Chapter 20, motor vehicle violations fall into distinct legal classifications.
- Traffic Infractions: An infraction is a noncriminal violation and is not punishable by imprisonment. Depending on the specific violation, a monetary penalty, court costs, or effects on the driving record may apply.
- Traffic Citation: A citation identifies the alleged violation and provides instructions about the court date, appearance requirements, or payment options that apply.
- Criminal Traffic Charges: Some traffic offenses, including DWI and reckless driving, are criminal offenses. Depending on the charge and circumstances, the case may involve an arrest and a separate pretrial-release decision.
Common NC Traffic Laws and Statutory Rules
A breakdown of key driving rules enforced across North Carolina roadways:
| Topic | What North Carolina Law Says |
|---|---|
| Speed Limits | North Carolina's general statutory limits are 35 mph inside municipal limits and 55 mph outside municipal limits unless another limit is lawfully posted. Under G.S. 20-141, certain interstate or controlled-access highways may have posted limits up to 70 mph. Follow the posted limit for the roadway. Some speeding violations are criminal offenses. Under G.S. 20-141(j1), driving more than 15 mph over the applicable limit or over 80 mph is a Class 3 misdemeanor. Certain speeding convictions can also result in license suspension. NCDMV lists specific thresholds, including more than 15 mph over the limit while driving faster than 55 mph, certain speeds above 75 mph, and driving over 80 mph. |
| Mobile Phone Use / Texting | Drivers under 18 generally may not use a mobile phone or associated technology while the vehicle is moving, subject to the exceptions in G.S. 20-137.3. G.S. 20-137.4A prohibits manually entering or reading text or email while operating a vehicle, subject to the exceptions in the statute. |
| Seat Belts | North Carolina generally requires each occupant of a vehicle equipped with seat belts to wear one while the vehicle is moving forward, subject to statutory exceptions under G.S. 20-135.2A. |
| DWI | G.S. 20-138.1 makes impaired driving a misdemeanor. If an arrest occurs, North Carolina has separate procedures for the initial appearance and pretrial release. |
| Crash Duties | G.S. 20-166 requires drivers to stop and provide required information in covered crashes. The classification depends on the circumstances, including whether the crash involved property damage, injury, serious bodily injury, or death. |
What to Check If You Receive a Traffic Citation
If an officer hands you a traffic ticket, review these key details immediately:
- Court Date and Mandatory Appearance: Check the exact violation, whether a court appearance is required, and any payment or instructions listed on the citation.
- Failure to Appear or Pay: For motor vehicle offenses, a failure to appear or failure to pay can trigger a license-revocation process after the court notifies NCDMV. The revocation order under G.S. 20-24.1 becomes effective on the 60th day after it is mailed or personally delivered unless the matter is resolved beforehand.
- Points and Insurance: Some motor vehicle convictions can add NCDMV points. Insurance companies use a separate point system, so the effect depends on the specific violation.
What Happens If a Traffic Stop Leads to an Arrest
Some traffic stops can lead to a criminal charge or arrest, depending on the offense and circumstances. If an arrest occurs, the criminal case and any release conditions are separate from the traffic citation itself.
- If an arrest occurs, a judicial official determines the applicable pretrial-release conditions under North Carolina law. A secured bond is only one possible type of condition. See G.S. 15A-534.
- For complete details on DWI arrests, read our North Carolina DWI Arrests Guide.
Bail Bonds Assistance
Did a Traffic Stop Lead to an Arrest & Monetary Bond?
If a criminal traffic charge or DWI resulted in a family member's detention, Amistad Bail Bonds provides surety bond services across North Carolina.