Most North Carolina speeding tickets are infractions, not crimes. But a ticket for more than 15 mph over the limit, or for any speed over 80 mph, is a Class 3 misdemeanor under G.S. 20-141(j1), and that one line moves the case from "pay a penalty" to "criminal conviction on your record." This article explains the four misdemeanor classes North Carolina uses, what each one can actually cost you, and which common traffic charges fall into each class.
Infraction or misdemeanor: the line that matters
North Carolina sorts every traffic charge into one of two bins. An infraction is a non-criminal violation. You cannot be jailed for it, there is no jury, and the standard penalty is capped at $100 under G.S. 20-176(b) unless a statute sets a different amount. A misdemeanor is a crime. It carries a possible jail sentence, it goes on a criminal record, and it shows up on a background check as a conviction rather than a traffic citation.
For the ordinary rules of the road, speeding, stop signs, lane violations, following too closely, the default is infraction. G.S. 20-176(a) says a violation of those parts of Chapter 20 is an infraction "unless the violation is specifically declared by law to be a misdemeanor or felony." The traps are the charges the legislature did specifically declare to be misdemeanors. Several of them look like ordinary tickets.
The four classes, by the numbers
North Carolina ranks misdemeanors from Class 3 (least serious) up to Class A1 (most serious). The maximum sentence depends on the class and on how many prior convictions you have, which G.S. 15A-1340.21 groups into three levels: Level I is no priors, Level II is one to four, Level III is five or more. The punishment chart in G.S. 15A-1340.23(c) sets these ceilings:
| Class | No prior convictions | 5 or more priors | Maximum fine |
|---|---|---|---|
| Class 3 | 1 to 10 days | 1 to 20 days | $200 |
| Class 2 | 1 to 30 days | 1 to 60 days | $1,000 |
| Class 1 | 1 to 45 days | 1 to 120 days | Judge's discretion |
| Class A1 | 1 to 60 days | 1 to 150 days | Judge's discretion |
Two details soften the chart for first-timers. With no prior convictions, Class 1, 2 and 3 sentences must be "community" punishment, which means probation-type conditions rather than active jail. And G.S. 15A-1340.23(d) goes further for Class 3: a defendant with no more than three prior convictions "shall" be sentenced to a fine only. A first Class 3 misdemeanor therefore cannot put you in jail. It can still put a criminal conviction on your record, and that is the part a $200 fine does not undo.
Which traffic charges are misdemeanors
Here are the common ones, with the statute that sets the class. If your citation shows one of these, you are facing a crime, not a ticket.
- Speeding more than 15 over, or over 80 mph: Class 3. G.S. 20-141(j1). A conviction at those speeds (when you were also over 55, or at any speed over 80) also triggers a mandatory 30-day license suspension under G.S. 20-16.1(a), with no hearing. See what actually happens to a speeding ticket in NC for how those cases usually resolve.
- Driving while license revoked: Class 3 when the revocation was not for impaired driving, G.S. 20-28(a). Class 1 when it was, G.S. 20-28(a1), and that version adds a further one-year revocation on a first conviction. The charge code is explained in DWLR Not Impaired Rev: what that charge code means.
- No operator's license (never licensed): Class 3, G.S. 20-35(a1). Compare driving on an expired license, which is only an infraction under G.S. 20-35(a2), and which G.S. 20-35(c) lets you defeat outright by showing you renewed within 30 days of expiration.
- Reckless driving: Class 2, G.S. 20-140(d). It becomes Class 1 if it causes serious injury and Class A1 if it causes serious bodily injury, G.S. 20-140(g) and (h). Our reckless driving page covers the two ways the charge is written.
- Hit and run with property damage only: Class 1, G.S. 20-166(c). If anyone was injured, the same statute makes it a felony.
- Passing a stopped school bus: Class 1 with a $500 minimum fine and no PJC allowed, G.S. 20-217. Details in passing a stopped school bus in NC.
Any other misdemeanor in the traffic chapter that does not carry its own class defaults to Class 2 under G.S. 20-176(c).
Why the class matters beyond the sentence
Three consequences follow the word "misdemeanor" regardless of class.
A criminal record. An infraction is a traffic matter. A misdemeanor conviction is a crime, and employers, licensing boards and landlords who run criminal background checks will see it. The employer-disclosure question changes answer at this line.
Arrest exposure if you miss court. If you fail to appear on an infraction, the court can only issue a criminal summons; G.S. 15A-1116(b) says "an order for arrest may not be used in such cases." Miss court on a misdemeanor citation and G.S. 15A-305(b)(3) authorizes an order for arrest.
A harder clean-up. A dismissed charge of any kind can be expunged on petition under G.S. 15A-146. A misdemeanor conviction is a different road: under G.S. 15A-145.5(c)(1), a single nonviolent misdemeanor can be expunged three years after the conviction or the end of any sentence, and more than one requires a seven-year wait from the last conviction. Which convictions qualify is covered in which NC convictions can be expunged.
What this looks like in a Wake County courtroom
In practice, the Class 3 speeding line is where most of the negotiating happens. A driver cited at 71 in a 55 is 16 over, which is a misdemeanor. The same driver at 70 in a 55 is 15 over, which is an infraction. Prosecutors in Wake County District Court routinely consider reducing a first-offense speed below the 15-over threshold, or to improper equipment under G.S. 20-123.2, which is a non-moving violation that by statute carries no license or insurance points. Whether that reduction is offered depends on the driving record, the speed, the zone, and whether the driver holds a commercial license. The reason attorneys fight so hard over a few miles per hour is not the fine. It is the difference between a traffic infraction and a criminal conviction, and between a 30-day suspension and no suspension at all.
The same logic applies to the Class 1 and Class 2 charges above. A reckless driving charge that is amended to a lesser offense, or a no-operator's-license charge resolved after the driver obtains a license, can change what appears on a background check for years. If you have a citation with any of the charges listed here, treat it as a criminal case and get advice before court. You can start with a free case review at portal.cottenfirm.com.
Related reading
- Misdemeanor defense in Raleigh and Wake County
- Speeding ticket defense
- What actually happens to a speeding ticket in NC
- DWLR Not Impaired Rev: what that charge code means
- Which NC convictions can be expunged, and how long you wait
Written by Jeremy Cotten, attorney and owner of Cotten Law Firm, PLLC in Fuquay-Varina, North Carolina. The firm handles traffic and criminal cases in Wake, Johnston, Harnett, Orange and Chatham counties.
This article is general information about North Carolina law, not legal advice about your situation. Statute citations are to the North Carolina General Statutes as published by the General Assembly in October 2026. Attorney advertising.
