§ 20-176. Penalty for misdemeanor or infraction.
Part12. Sentencing; Penalties.
§ 20‑176. Penalty formisdemeanor or infraction.
(a) Violation of aprovision of Part 9, 10, 10A, or 11 of this Article is an infraction unless theviolation is specifically declared by law to be a misdemeanor or felony. Violationof the remaining Parts of this Article is a misdemeanor unless the violation isspecifically declared by law to be an infraction or a felony.
(b) Unless a specificpenalty is otherwise provided by law, a person found responsible for aninfraction contained in this Article may be ordered to pay a penalty of notmore than one hundred dollars ($100.00).
(c) Unless a specificpenalty is otherwise provided by law, a person convicted of a misdemeanorcontained in this Article is guilty of a Class 2 misdemeanor. A punishment isspecific for purposes of this subsection if it contains a quantitative limit onthe term of imprisonment or the amount of fine a judge can impose.
(c1) Notwithstanding anyother provision of law, no person convicted of a misdemeanor for the violationof any provision of this Chapter except G.S. 20‑28(a) and (b), G.S. 20‑141(j),G.S. 20‑141.3(b) and (c), G.S. 20‑141.4, or a second or subsequentconviction of G.S. 20‑138.1 shall be imprisoned in the State prisonsystem unless the person previously has been imprisoned in a local confinementfacility, as defined by G.S. 153A‑217(5), for a violation of thisChapter.
(d) For purposes ofdetermining whether a violation of an offense contained in this Chapterconstitutes negligence per se, crimes and infractions shall be treatedidentically. (1937, c. 407, s. 137; 1951, c. 1013, s. 7; 1957, c.1255; 1967, c. 674, s. 3; 1969, c. 378, s. 3; 1973, c. 1330, s. 34; 1975, c.644; 1985, c. 764, s. 20; 1985 (Reg. Sess., 1986), c. 852, ss. 7, 17, c. 1014,s. 202; 1993, c. 539, s. 379; 1994, Ex. Sess., c. 24, s. 14(c).)