North Carolina General Statutes 15A-1114. Hearing procedure for infractions
Terms Used In North Carolina General Statutes 15A-1114
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) Jurisdiction. – Jurisdiction for the adjudication and disposition of infractions is as specified in N.C. Gen. Stat. § 7A-253 and N.C. Gen. Stat. § 7A-271(d).
(b) No Trial by Jury. – In adjudicatory hearings for infractions, no party has a right to a trial by jury in district court.
(c) Infractions Heard in Civil or Criminal Session. – A district court judge may conduct proceedings relating to traffic infractions in a civil or criminal session of court, unless the infraction is joined with a criminal offense arising out of the same transaction or occurrence. In such a case, the criminal offense and the infraction must be heard at a session in which criminal matters may be heard.
(d) Pleas. – A person charged with an infraction may admit or deny responsibility for the infraction. The plea must be made by the person charged in open court, unless he submits a written waiver of appearance which is approved by the presiding judge, or, if authorized by N.C. Gen. Stat. § 7A-146, he waives his right to a hearing and admits responsibility for the infraction in writing and pays the specified penalty and costs.
(e) Duty of District Attorney. – The district attorney is responsible for ensuring that infractions are calendared and prosecuted efficiently.
(f) Burden of Proof. – The State must prove beyond a reasonable doubt that the person charged is responsible for the infraction unless the person admits responsibility.
(g) Recording Not Necessary. – The State does not have to record the proceedings at infraction hearings. With the approval of the court, a party may, at his expense, record any proceeding. (1985, c. 764, s. 3.)