State Codes and Statutes

Statutes > North-carolina > Chapter_20 > GS_20-141_3

§ 20‑141.3.  Unlawfulracing on streets and highways.

(a)        It shall beunlawful for any person to operate a motor vehicle on a street or highwaywillfully in prearranged speed competition with another motor vehicle. Anyperson violating the provisions of this subsection shall be guilty of a Class 1misdemeanor.

(b)        It shall beunlawful for any person to operate a motor vehicle on a street or highwaywillfully in speed competition with another motor vehicle. Any person willfullyviolating the provisions of this subsection shall be guilty of a Class 2misdemeanor.

(c)        It shall beunlawful for any person to authorize or knowingly permit a motor vehicle ownedby him or under his control to be operated on a public street, highway, orthoroughfare in prearranged speed competition with another motor vehicle, or toplace or receive any bet, wager, or other thing of value from the outcome ofany prearranged speed competition on any public street, highway, orthoroughfare. Any person violating the provisions of this subsection shall beguilty of a Class 1 misdemeanor.

(d)        The Commissioner ofMotor Vehicles shall revoke the driver's license or privilege to drive of everyperson convicted of violating the provisions of subsection (a) or subsection(c) of this section, said revocation to be for three years; provided any personwhose license has been revoked under this section may apply for a new licenseafter 18 months from revocation. Upon filing of such application the Divisionmay issue a new license upon satisfactory proof that the former licensee hasbeen of good behavior for the past 18 months and that his conduct and attitudeare such as to entitle him to favorable consideration and upon such terms andconditions which the Division may see fit to impose for the balance of thethree‑year revocation period, which period shall be computed from thedate of the original revocation.

(e)        The Commissionermay suspend the driver's license or privilege to drive of every personconvicted of violating the provisions of subsection (b) of this section. Suchsuspension shall be for a period of time within the discretion of theCommissioner, but not to exceed one year.

(f)         All suspensionsand revocations made pursuant to the provisions of this section shall be in thesame form and manner and shall be subject to all procedures as now provided forsuspensions and revocations made under the provisions of Article 2 of Chapter20 of the General Statutes.

(g)        When any officer ofthe law discovers that any person has operated or is operating a motor vehiclewillfully in prearranged speed competition with another motor vehicle on astreet or highway, he shall seize the motor vehicle and deliver the same to thesheriff of the county in which such offense is committed, or the same shall beplaced under said sheriff's constructive possession if delivery of actualpossession is impractical, and the vehicle shall be held by the sheriff pendingthe trial of the person or persons arrested for operating such motor vehicle inviolation of subsection (a) of this section. The sheriff shall restore theseized motor vehicle to the owner upon execution by the owner of a good andvalid bond, with sufficient sureties, in an amount double the value of theproperty, which bond shall be approved by said sheriff and shall be conditionedon the return of the motor vehicle to the custody of the sheriff on the day oftrial of the person or persons accused. Upon the acquittal of the personcharged with operating said motor vehicle willfully in prearranged speedcompetition with another motor vehicle, the sheriff shall return the motorvehicle to the owner thereof.

Notwithstanding the provisionsfor sale set out above, on petition by a lienholder, the court, in itsdiscretion and upon such terms and conditions as it may prescribe, may allowreclamation of the vehicle by the lienholder. The lienholder shall file withthe court an accounting of the proceeds of any subsequent sale of the vehicleand pay into the court any proceeds received in excess of the amount of thelien.

Upon conviction of theoperator of said motor vehicle of a violation of subsection (a) of thissection, the court shall order a sale at public auction of said motor vehicleand the officer making the sale, after deducting the expenses of keeping themotor vehicle, the fee for the seizure, and the costs of the sale, shall payall liens, according to their priorities, which are established, byintervention or otherwise, at said hearing or in other proceeding brought forsaid purpose, as being bona fide, and shall pay the balance of the proceeds tothe proper officer of the county who receives fines and forfeitures to be usedfor the school fund of the county. All liens against a motor vehicle sold underthe provisions of this section shall be transferred from the motor vehicle tothe proceeds of its sale. If, at the time of hearing, or other proceeding inwhich the matter is considered, the owner of the vehicle can establish to thesatisfaction of the court that said motor vehicle was used in prearranged speedcompetition with another motor vehicle on a street or highway without theknowledge or consent of the owner, and that the owner had no reasonable groundsto believe that the motor vehicle would be used for such purpose, the courtshall not order a sale of the vehicle but shall restore it to the owner, andthe said owner shall, at his request, be entitled to a trial by jury upon suchissues.

If the owner of said motorvehicle cannot be found, the taking of the same, with a description thereof,shall be advertised in some newspaper published in the city or county wheretaken, or, if there be no newspaper published in such city or county, in anewspaper having circulation in the county, once a week for two weeks and byhandbills posted in three public places near the place of seizure, and if saidowner shall not appear within 10 days after the last publication of theadvertisement, the property shall be sold, or otherwise disposed of in themanner set forth in this section.

When any vehicle confiscatedunder the provisions of this section is found to be specially equipped ormodified from its original manufactured condition so as to increase its speed,the court shall, prior to sale, order that the special equipment ormodification be removed and destroyed and the vehicle restored to its originalmanufactured condition. However, if the court should find that such equipmentand modifications are so extensive that it would be impractical to restore saidvehicle to its original manufactured condition, then the court may order thatthe vehicle be turned over to such governmental agency or public officialwithin the territorial jurisdiction of the court as the court shall see fit, tobe used in the performance of official duties only, and not for resale,transfer, or disposition other than as junk: Provided, that nothing hereincontained shall affect the rights of lienholders and other claimants to saidvehicles as set out in this section. (1955, c. 1156; 1957, c.1358; 1961, c. 354; 1963, c. 318; 1967, c. 446; 1969, c. 186, s. 3; 1973, c.1330, s. 8; 1975, c. 716, s. 5; 1979, c. 667, s. 31; 1993, c. 539, ss. 368‑370;1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 163, ss. 8, 9.)

State Codes and Statutes

Statutes > North-carolina > Chapter_20 > GS_20-141_3

§ 20‑141.3.  Unlawfulracing on streets and highways.

(a)        It shall beunlawful for any person to operate a motor vehicle on a street or highwaywillfully in prearranged speed competition with another motor vehicle. Anyperson violating the provisions of this subsection shall be guilty of a Class 1misdemeanor.

(b)        It shall beunlawful for any person to operate a motor vehicle on a street or highwaywillfully in speed competition with another motor vehicle. Any person willfullyviolating the provisions of this subsection shall be guilty of a Class 2misdemeanor.

(c)        It shall beunlawful for any person to authorize or knowingly permit a motor vehicle ownedby him or under his control to be operated on a public street, highway, orthoroughfare in prearranged speed competition with another motor vehicle, or toplace or receive any bet, wager, or other thing of value from the outcome ofany prearranged speed competition on any public street, highway, orthoroughfare. Any person violating the provisions of this subsection shall beguilty of a Class 1 misdemeanor.

(d)        The Commissioner ofMotor Vehicles shall revoke the driver's license or privilege to drive of everyperson convicted of violating the provisions of subsection (a) or subsection(c) of this section, said revocation to be for three years; provided any personwhose license has been revoked under this section may apply for a new licenseafter 18 months from revocation. Upon filing of such application the Divisionmay issue a new license upon satisfactory proof that the former licensee hasbeen of good behavior for the past 18 months and that his conduct and attitudeare such as to entitle him to favorable consideration and upon such terms andconditions which the Division may see fit to impose for the balance of thethree‑year revocation period, which period shall be computed from thedate of the original revocation.

(e)        The Commissionermay suspend the driver's license or privilege to drive of every personconvicted of violating the provisions of subsection (b) of this section. Suchsuspension shall be for a period of time within the discretion of theCommissioner, but not to exceed one year.

(f)         All suspensionsand revocations made pursuant to the provisions of this section shall be in thesame form and manner and shall be subject to all procedures as now provided forsuspensions and revocations made under the provisions of Article 2 of Chapter20 of the General Statutes.

(g)        When any officer ofthe law discovers that any person has operated or is operating a motor vehiclewillfully in prearranged speed competition with another motor vehicle on astreet or highway, he shall seize the motor vehicle and deliver the same to thesheriff of the county in which such offense is committed, or the same shall beplaced under said sheriff's constructive possession if delivery of actualpossession is impractical, and the vehicle shall be held by the sheriff pendingthe trial of the person or persons arrested for operating such motor vehicle inviolation of subsection (a) of this section. The sheriff shall restore theseized motor vehicle to the owner upon execution by the owner of a good andvalid bond, with sufficient sureties, in an amount double the value of theproperty, which bond shall be approved by said sheriff and shall be conditionedon the return of the motor vehicle to the custody of the sheriff on the day oftrial of the person or persons accused. Upon the acquittal of the personcharged with operating said motor vehicle willfully in prearranged speedcompetition with another motor vehicle, the sheriff shall return the motorvehicle to the owner thereof.

Notwithstanding the provisionsfor sale set out above, on petition by a lienholder, the court, in itsdiscretion and upon such terms and conditions as it may prescribe, may allowreclamation of the vehicle by the lienholder. The lienholder shall file withthe court an accounting of the proceeds of any subsequent sale of the vehicleand pay into the court any proceeds received in excess of the amount of thelien.

Upon conviction of theoperator of said motor vehicle of a violation of subsection (a) of thissection, the court shall order a sale at public auction of said motor vehicleand the officer making the sale, after deducting the expenses of keeping themotor vehicle, the fee for the seizure, and the costs of the sale, shall payall liens, according to their priorities, which are established, byintervention or otherwise, at said hearing or in other proceeding brought forsaid purpose, as being bona fide, and shall pay the balance of the proceeds tothe proper officer of the county who receives fines and forfeitures to be usedfor the school fund of the county. All liens against a motor vehicle sold underthe provisions of this section shall be transferred from the motor vehicle tothe proceeds of its sale. If, at the time of hearing, or other proceeding inwhich the matter is considered, the owner of the vehicle can establish to thesatisfaction of the court that said motor vehicle was used in prearranged speedcompetition with another motor vehicle on a street or highway without theknowledge or consent of the owner, and that the owner had no reasonable groundsto believe that the motor vehicle would be used for such purpose, the courtshall not order a sale of the vehicle but shall restore it to the owner, andthe said owner shall, at his request, be entitled to a trial by jury upon suchissues.

If the owner of said motorvehicle cannot be found, the taking of the same, with a description thereof,shall be advertised in some newspaper published in the city or county wheretaken, or, if there be no newspaper published in such city or county, in anewspaper having circulation in the county, once a week for two weeks and byhandbills posted in three public places near the place of seizure, and if saidowner shall not appear within 10 days after the last publication of theadvertisement, the property shall be sold, or otherwise disposed of in themanner set forth in this section.

When any vehicle confiscatedunder the provisions of this section is found to be specially equipped ormodified from its original manufactured condition so as to increase its speed,the court shall, prior to sale, order that the special equipment ormodification be removed and destroyed and the vehicle restored to its originalmanufactured condition. However, if the court should find that such equipmentand modifications are so extensive that it would be impractical to restore saidvehicle to its original manufactured condition, then the court may order thatthe vehicle be turned over to such governmental agency or public officialwithin the territorial jurisdiction of the court as the court shall see fit, tobe used in the performance of official duties only, and not for resale,transfer, or disposition other than as junk: Provided, that nothing hereincontained shall affect the rights of lienholders and other claimants to saidvehicles as set out in this section. (1955, c. 1156; 1957, c.1358; 1961, c. 354; 1963, c. 318; 1967, c. 446; 1969, c. 186, s. 3; 1973, c.1330, s. 8; 1975, c. 716, s. 5; 1979, c. 667, s. 31; 1993, c. 539, ss. 368‑370;1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 163, ss. 8, 9.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_20 > GS_20-141_3

§ 20‑141.3.  Unlawfulracing on streets and highways.

(a)        It shall beunlawful for any person to operate a motor vehicle on a street or highwaywillfully in prearranged speed competition with another motor vehicle. Anyperson violating the provisions of this subsection shall be guilty of a Class 1misdemeanor.

(b)        It shall beunlawful for any person to operate a motor vehicle on a street or highwaywillfully in speed competition with another motor vehicle. Any person willfullyviolating the provisions of this subsection shall be guilty of a Class 2misdemeanor.

(c)        It shall beunlawful for any person to authorize or knowingly permit a motor vehicle ownedby him or under his control to be operated on a public street, highway, orthoroughfare in prearranged speed competition with another motor vehicle, or toplace or receive any bet, wager, or other thing of value from the outcome ofany prearranged speed competition on any public street, highway, orthoroughfare. Any person violating the provisions of this subsection shall beguilty of a Class 1 misdemeanor.

(d)        The Commissioner ofMotor Vehicles shall revoke the driver's license or privilege to drive of everyperson convicted of violating the provisions of subsection (a) or subsection(c) of this section, said revocation to be for three years; provided any personwhose license has been revoked under this section may apply for a new licenseafter 18 months from revocation. Upon filing of such application the Divisionmay issue a new license upon satisfactory proof that the former licensee hasbeen of good behavior for the past 18 months and that his conduct and attitudeare such as to entitle him to favorable consideration and upon such terms andconditions which the Division may see fit to impose for the balance of thethree‑year revocation period, which period shall be computed from thedate of the original revocation.

(e)        The Commissionermay suspend the driver's license or privilege to drive of every personconvicted of violating the provisions of subsection (b) of this section. Suchsuspension shall be for a period of time within the discretion of theCommissioner, but not to exceed one year.

(f)         All suspensionsand revocations made pursuant to the provisions of this section shall be in thesame form and manner and shall be subject to all procedures as now provided forsuspensions and revocations made under the provisions of Article 2 of Chapter20 of the General Statutes.

(g)        When any officer ofthe law discovers that any person has operated or is operating a motor vehiclewillfully in prearranged speed competition with another motor vehicle on astreet or highway, he shall seize the motor vehicle and deliver the same to thesheriff of the county in which such offense is committed, or the same shall beplaced under said sheriff's constructive possession if delivery of actualpossession is impractical, and the vehicle shall be held by the sheriff pendingthe trial of the person or persons arrested for operating such motor vehicle inviolation of subsection (a) of this section. The sheriff shall restore theseized motor vehicle to the owner upon execution by the owner of a good andvalid bond, with sufficient sureties, in an amount double the value of theproperty, which bond shall be approved by said sheriff and shall be conditionedon the return of the motor vehicle to the custody of the sheriff on the day oftrial of the person or persons accused. Upon the acquittal of the personcharged with operating said motor vehicle willfully in prearranged speedcompetition with another motor vehicle, the sheriff shall return the motorvehicle to the owner thereof.

Notwithstanding the provisionsfor sale set out above, on petition by a lienholder, the court, in itsdiscretion and upon such terms and conditions as it may prescribe, may allowreclamation of the vehicle by the lienholder. The lienholder shall file withthe court an accounting of the proceeds of any subsequent sale of the vehicleand pay into the court any proceeds received in excess of the amount of thelien.

Upon conviction of theoperator of said motor vehicle of a violation of subsection (a) of thissection, the court shall order a sale at public auction of said motor vehicleand the officer making the sale, after deducting the expenses of keeping themotor vehicle, the fee for the seizure, and the costs of the sale, shall payall liens, according to their priorities, which are established, byintervention or otherwise, at said hearing or in other proceeding brought forsaid purpose, as being bona fide, and shall pay the balance of the proceeds tothe proper officer of the county who receives fines and forfeitures to be usedfor the school fund of the county. All liens against a motor vehicle sold underthe provisions of this section shall be transferred from the motor vehicle tothe proceeds of its sale. If, at the time of hearing, or other proceeding inwhich the matter is considered, the owner of the vehicle can establish to thesatisfaction of the court that said motor vehicle was used in prearranged speedcompetition with another motor vehicle on a street or highway without theknowledge or consent of the owner, and that the owner had no reasonable groundsto believe that the motor vehicle would be used for such purpose, the courtshall not order a sale of the vehicle but shall restore it to the owner, andthe said owner shall, at his request, be entitled to a trial by jury upon suchissues.

If the owner of said motorvehicle cannot be found, the taking of the same, with a description thereof,shall be advertised in some newspaper published in the city or county wheretaken, or, if there be no newspaper published in such city or county, in anewspaper having circulation in the county, once a week for two weeks and byhandbills posted in three public places near the place of seizure, and if saidowner shall not appear within 10 days after the last publication of theadvertisement, the property shall be sold, or otherwise disposed of in themanner set forth in this section.

When any vehicle confiscatedunder the provisions of this section is found to be specially equipped ormodified from its original manufactured condition so as to increase its speed,the court shall, prior to sale, order that the special equipment ormodification be removed and destroyed and the vehicle restored to its originalmanufactured condition. However, if the court should find that such equipmentand modifications are so extensive that it would be impractical to restore saidvehicle to its original manufactured condition, then the court may order thatthe vehicle be turned over to such governmental agency or public officialwithin the territorial jurisdiction of the court as the court shall see fit, tobe used in the performance of official duties only, and not for resale,transfer, or disposition other than as junk: Provided, that nothing hereincontained shall affect the rights of lienholders and other claimants to saidvehicles as set out in this section. (1955, c. 1156; 1957, c.1358; 1961, c. 354; 1963, c. 318; 1967, c. 446; 1969, c. 186, s. 3; 1973, c.1330, s. 8; 1975, c. 716, s. 5; 1979, c. 667, s. 31; 1993, c. 539, ss. 368‑370;1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 163, ss. 8, 9.)