2016 North Carolina General Statutes
Chapter 15A - Criminal Procedure Act.
Article 66 - Procedure for Hearing and Disposition of Infractions.
§ 15A-1113 - Prehearing procedure.
15A-1113. Prehearing procedure.
(a) Process. - A law enforcement officer may issue a citation for an infraction in accordance with the provisions of G.S. 15A-302. A judicial official may issue a summons for an infraction in accordance with the provisions of G.S. 15A-303.
(b) Detention of Person Charged. - A law enforcement officer who has probable cause to believe a person has committed an infraction may detain the person for a reasonable period in order to issue and serve him a citation.
(c) Appearance Bond May Be Required. - A person charged with an infraction may not be required to post an appearance bond if:
(1) He is licensed to drive by a state that subscribes to the nonresident violator compact as defined in Article 1B of Chapter 20 of the General Statutes, the infraction charged is subject to the provisions of that compact, and he executes a personal recognizance as defined by that compact.
(2) He is a resident of North Carolina.
(d) Territorial Jurisdiction. - A law enforcement officer's territorial jurisdiction to charge a person with an infraction is the same as his jurisdiction to arrest specified in G.S. 15A-402.
(e) Use of Same Process for Two Offenses. - A person may be charged with a criminal offense and an infraction in the same pleading. (1985, c. 764, s. 3; 1985 (Reg. Sess., 1986), c. 852, s. 12.)
