May a Defendant Appeal an Infraction to Superior Court?
Suppose a defendant is found responsible in district court for one of the many infractions codified in Chapter 20. Take your pick: speeding, a seat belt violation, jaywalking, improper passing, or one of the many other non-criminal motor vehicle offenses. The defendant wishes to appeal that adjudication. May she appeal the case to superior court? My answer is no. A few more words are required to explain why. What, exactly, is an infraction? An infraction is a non-criminal violation of the law punishable by a fine but not punishable by imprisonment. See G.S. 14-3.1(a). Even though infractions are not crimes, they are, in many respects, processed in court like misdemeanors. See G.S. 14-3.1(b), G.S. 15A-1111 – 1118. Indeed, G.S. 15A-1111 provides that if a question of procedure is not addressed in the article of Chapter 15A that specifies procedures for infractions, the procedures for misdemeanors in district court apply (unless they are clearly inapplicable to infractions). A person may be charged with an infraction by citation or criminal summons. G.S. 15A-1113. Original, exclusive jurisdiction for the adjudication and disposition of infractions lies in district court, subject to two exceptions: (1) The superior court has jurisdiction to dispose of an infraction that is a lesser-included violation of a criminal action properly before the court; and (2) The superior court may accept an admission of responsibility to an infraction that is a related charge to a criminal action properly before the court. G.S. 7A-253; 7A-271(d). Thus, stand-alone infractions or infractions charged along with related [...]
