State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-1114

§15A‑1114.  Hearing procedure for infractions.

(a)        Jurisdiction. –Jurisdiction for the adjudication and disposition of infractions is asspecified in G.S. 7A‑253 and G.S. 7A‑ 271(d).

(b)        No Trial by Jury. –In adjudicatory hearings for infractions, no party has a right to a trial byjury in district court.

(c)        Infractions Heardin Civil or Criminal Session. – A district court judge may conduct proceedingsrelating to traffic infractions in a civil or criminal session of court, unlessthe infraction is joined with a criminal offense arising out of the sametransaction or occurrence. In such a case, the criminal offense and theinfraction must be heard at a session in which criminal matters may be heard.

(d)        Pleas. – A personcharged 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 awritten waiver of appearance which is approved by the presiding judge, or, ifauthorized by G.S. 7A‑146, he waives his right to a hearing and admitsresponsibility for the infraction in writing and pays the specified penalty andcosts.

(e)        Duty of DistrictAttorney. – The district attorney is responsible for ensuring that infractionsare calendared and prosecuted efficiently.

(f)         Burden of Proof. –The State must prove beyond a reasonable doubt that the person charged isresponsible for the infraction unless the person admits responsibility.

(g)        Recording NotNecessary. – The State does not have to record the proceedings at infractionhearings. With the approval of the court, a party may, at his expense, recordany proceeding. (1985, c. 764, s. 3.)