§ 15A-302. Citation. - North Carolina Statutes

§ 15A‑302.  Citation.

(a)        Definition. – Acitation is a directive, issued by a law enforcement officer or other personauthorized by statute, that a person appear in court and answer a misdemeanoror infraction charge or charges.

(b)        When Issued. – Anofficer may issue a citation to any person who he has probable cause to believehas committed a misdemeanor or infraction.

(c)        Contents. – Thecitation must:

(1)        Identify the crimecharged, including the date, and where material, identify the property and otherpersons involved,

(2)        Contain the name andaddress of the person cited, or other identification if that cannot beascertained,

(3)        Identify the officerissuing the citation, and

(4)        Cite the person towhom issued to appear in a designated court, at a designated time and date.

(d)        Service. – A copyof the citation shall be delivered to the person cited who may sign a receipton the original which shall thereafter be filed with the clerk by the officer.If the cited person refuses to sign, the officer shall certify delivery of thecitation by signing the original, which shall thereafter be filed with theclerk. Failure of the person cited to sign the citation shall not constitutegrounds for his arrest or the requirement that he post a bond. When a citation isissued for a parking offense, a copy shall be delivered to the operator of avehicle who is present at the time of service, or shall be delivered to theregistered owner of the vehicle if the operator is not present by affixing acopy of the citation to the vehicle in a conspicuous place.

(e)        Dismissal byProsecutor. – If the prosecutor finds that no crime or infraction is charged inthe citation, or that there is insufficient evidence to warrant prosecution, hemay dismiss the charge and so notify the person cited. An appropriate entrymust be made in the records of the clerk. It is not necessary to enter thedismissal in open court or to obtain consent of the judge.

(f)         Citation No Bar toCriminal Summons or Warrant. – If the offense is a misdemeanor, a criminalsummons or a warrant may issue notwithstanding the prior issuance of a citationfor the same offense. If a defendant fails to appear in court as directed by acitation that charges the defendant with a misdemeanor, an order for arrest forfailure to appear may be issued by a judicial official.

(g)        Preparation ofForm. – The form and content of the citation is as prescribed by theAdministrative Officer of the Courts. The form of citation used for violationof the motor vehicle laws must contain a notice that the driving privilege ofthe person cited may be revoked for failure to appear as cited, and must beprepared as provided in G.S. 7A‑148(b). (1973, c. 1286, s. 1; 1975, c. 166, ss. 3, 27; 1983,c. 327, s. 4; 1985, c. 385; c. 764, s. 4; 1989, c. 243, s. 1; 2003‑15, s.1.)