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North Carolina Magistrates Association - Non-Waivable Traffic Offenses
N C Magistrates Association
Web Site of the North Carolina Magistrates Association

NON-WAIVABLE TRAFFIC OFFENSES

The following traffic offenses require a mandatory court appearance and may not be waived. Failure to appear as directed for a court appearance shall result in an order for arrest being issued for failure to appear, and forfeiture of any bond that may have been posted.

As to traffic offenses: The date, time and location of the court appearance is indicated on the front of the citation. Failure to appear for a traffic citation will cause the revocation of the privilege to operate a motor vehicle in this state or another state where you have a license to operate a motor vehicle.

  1. All pleas of not guilty.
  2. All felonies.
  3. Impaired instruction. [G.S. 20-12.1]
  4. Driving while (license) suspended, revoked, or disqualified, driving while license revoked for impaired drivers license revocation after DMV has sent notification, or failing to appear for two years after date of implied-concent charge. [G.S. 20-28]
  5. Driving a commercial motor vehicle without being licensed to be able to do so, or driving a commercial motor vehicle while license suspended, revoked, or subject to a disqualification or out of service order. [G.S. 20-28(c); G.S. 20-37.12]
  6. Possess fictitious, cancelled, revoked, suspended or altered license or identification card, or counterfeit, sell, lend, or permit use of license or identification card by another, or any other violation of G.S. 20-30 or 20-37.8.
  7. Any violation involving false affidavit, or false statement under oath, or perjury. [G.S. 20-31; G.S. 20-20-112; G.S. 20-313.1; G.S. 20-17(5)]
  8. Selling handicapped parking placards. [G.S. 20-37.6(c3)]
  9. Any violation of the vehicle registration laws involving stolen or altered registration plates or certificates.
  10. Failure to obey directions of a traffic officer, or of a fireman at the scene of a fire. [G.S. 20-114.1]
  11. Unlawful use of red or blue lights on vehicle. [G.S. 20-130.1]
  12. Driving while subject to an impairing substance. [G.S. 20-138.1]
  13. Driving a commercial vehicle while subject to an impairing substance. [G.S. 20-138.2(a)]
  14. Operating commercial vehicle after consuming alcohol. [G.S. 20-138.2A]
  15. Operating school bus, school activity bus, or child care vehicle after consuming alcohol. [G.S. 20-138.2(B)]
  16. Driving by a person under 21 while drinking or after having consumed alcohol or controlled substance. [G.S. 20-138.3]
  17. Driving with open container after drinking. [G.S. 20-138.7]
  18. Careless and reckless driving. [G.S. 20-140(a), (b), (f)]
  19. Driving in excess of 80 mph. [G.S. 20-141]
  20. Exceeding the applicable speed limit by over 15 mph while driving over 55 mph. [G.S. 20-141J1)]
  21. Racing (prearranged, spontaneous, permitting such use of an owned vehicle, betting on prearranged racing). [G.S. 20-141.3]
  22. Death by vehicle. [G.S. 20-141.4]
  23. Driving to elude arrest. [G.S. 20-141.5]
  24. Aggressive driving. [G.S. 20-141.6]
  25. Any violation of G.S. 20-141.1 through G.S. 20-142.5 (railroad grade crossing violations), if the driver is driving a commercial motor vehicle.
  26. Failure to give way to the right when being passed proximately causing a collision resulting in serious bodily injury, bodily injury or proprty damage. [G.S. 20-149(b)(1)-(b)(2)]
  27. Failure to stop for approaching emergence vehicles or any violation of G.S. 20-157 causing death, serious injury, injury or property damage. [G.S. 20-157(a), (h), (i)]
  28. Failure to yield involving serious bodily injury. [G.S. 20-160.1]
  29. Failure to stop, etc., at the scene of an accident, or failure to report such an accident. [G.S. 20-166; G.S. 20-166.1]
  30. Transporting spent nuclear without notifying Highway Patrol. [G.S. 20-167.1]
  31. Passing stopped school bus. [G.S. 20-217]
  32. Any violation if the financial responsibility laws. [Chapter 20, Articles 9A and 13]
  33. Any violation of the all-terrain vehicle laws. [Chapter 20, Article 3, Part 10C]
  34. Violations of motor carrier safety and hazardous material regulations. [G.S. 20-396]
  35. Any violation charged in the same citation, warrant, magistrate's order, or summons with a mandatory court appearance violation.

OTHER POLICIES RELATING TO TRAFFIC OFFENSES:
  1. G.S. 7A-148 provides that the Conference of Chief District Judges shall prepare a "uniform schedule" of waivable traffic offenses and otherwise promote the "uniform administration of justice." In accordance with the statutory mandate, all judicial districts will adhere to the schedule provided herein and individual judicial district policies deviating from this schedule are prohibited.
  2. Where more than one charge is made on a uniform traffic citation, the defendant shall be fined only for the offense carrying the highest fine. Only one bill of costs will be assessed.
  3. When a defendant is charged with two traffic offenses arising out of the same transaction, only one citation should be used. If an additional one or two offenses arising out of the same transaction are charged, they should be placed on a separate citation.
  4. This schedule does not apply to littering charges under G.S. 14-399(c) if the defendant is charged with a second offense under that subsection.
  5. An offense may be waived under #35 on the traffic offense waiver list if it does not otherwise appear on these lists and it is located in one of the following Articles or Parts of Articles in Chapter 20 of the North Carolina General Statutes: Article 2 (G.S. 20-5 through 20-37.02); Article 3, Part 9 (G.S. 20-115 through 20-137.2), Parts 10 and 10A (G.S. 20-138.1 through 20-171.2), and Part II (G.S. 20-172 through 20-175; and Article 3A (G.S. 20-183.2 through 20-183.8G). <