reglab/housing_qa huggingface dataset:
NC Gen Stat § 20-138.2A (2021)
2021 North Carolina General Statutes|Chapter 20 - Motor Vehicles|Article 3 - Motor Vehicle Act of 1937.|§ 20-138.2A - Operating a commercial vehicle after consuming alcohol.

 20-138.2A. Operating a commercial vehicle after consuming alcohol.(a) Offense. - A person commits the offense of operating a commercial motor vehicle after consuming alcohol if the person drives a commercial motor vehicle, as defined in G.S. 20-4.01(3d)a. and b., upon any highway, any street, or any public vehicular area within the State while consuming alcohol or while alcohol remains in the person's body.(b) Implied-Consent Offense. - An offense under this section is an implied-consent offense subject to the provisions of G.S. 20-16.2. The provisions of G.S. 20-139.1 shall apply to an offense committed under this section.(b1) Odor Insufficient. - The odor of an alcoholic beverage on the breath of the driver is insufficient evidence by itself to prove beyond a reasonable doubt that alcohol was remaining in the driver's body in violation of this section unless the driver was offered an alcohol screening test or chemical analysis and refused to provide all required samples of breath or blood for analysis.(b2) Alcohol Screening Test. - Notwithstanding any other provision of law, an alcohol screening test may be administered to a driver suspected of violation of subsection (a) of this section, and the results of an alcohol screening test or the driver's refusal to submit may be used by a law enforcement officer, a court, or an administrative agency in determining if alcohol was present in the driver's body. No alcohol screening tests are valid under this section unless the device used is one approved by the Department of Health and Human Services, and the screening test is conducted in accordance with the applicable regulations of the Department as to its manner and use.(c) Punishment. - Except as otherwise provided in this subsection, a violation of the offense described in subsection (a) of this section is a Class 3 misdemeanor and, notwithstanding G.S. 15A-1340.23, is punishable by a penalty of one hundred dollars ($100.00). A second or subsequent violation of this section is a misdemeanor punishable under G.S. 20-179. This offense is a lesser included offense of impaired driving of a commercial vehicle under G.S. 20-138.2.(d) Second or Subsequent Conviction Defined. - A conviction for violating this offense is a second or subsequent conviction if at the time of the current offense the person has a previous conviction under this section, and the previous conviction occurred in the seven years immediately preceding the date of the current offense. This definition of second or subsequent conviction also applies to G.S. 20-17(a)(13) and G.S. 20-17.4(a)(6).  (1998-182, s. 23; 1999-406, s. 15; 2000-140, s. 5; 2000-155, s. 16; 2007-182, s. 2; 2008-187, s. 36(a).)
NC Gen Stat § 20-138.2C (2021)
2021 North Carolina General Statutes|Chapter 20 - Motor Vehicles|Article 3 - Motor Vehicle Act of 1937.|§ 20-138.2C - Possession of alcoholic beverages while operating a commercial motor vehicle.

 20-138.2C. Possession of alcoholic beverages while operating a commercial motor vehicle.A person commits the offense of operating a commercial motor vehicle while possessing alcoholic beverages if the person drives a commercial motor vehicle, as defined in G.S. 20-4.01(3d), upon any highway, any street, or any public vehicular area within the State while having an open or closed alcoholic beverage in the passenger area of the commercial motor vehicle. This section shall not apply to the driver of a commercial motor vehicle that is also an excursion passenger vehicle, a for-hire passenger vehicle, a common carrier of passengers, or a motor home, if the alcoholic beverage is in possession of a passenger or is in the passenger area of the vehicle. (1999-330, s. 2.)
NC Gen Stat § 20-138.4 (2021)
2021 North Carolina General Statutes|Chapter 20 - Motor Vehicles|Article 3 - Motor Vehicle Act of 1937.|§ 20-138.4 - Requirement that prosecutor explain reduction or dismissal of charge in implied-consent case.

 20-138.4. Requirement that prosecutor explain reduction or dismissal of charge in implied-consent case.(a) Any prosecutor shall enter detailed facts in the record of any case subject to the implied-consent law or involving driving while license revoked for impaired driving as defined in G.S. 20-28.2 explaining orally in open court and in writing the reasons for his action if he:(1) Enters a voluntary dismissal; or(2) Accepts a plea of guilty or no contest to a lesser included offense; or(3) Substitutes another charge, by statement of charges or otherwise, if the substitute charge carries a lesser mandatory minimum punishment or is not a case subject to the implied-consent law; or(4) Otherwise takes a discretionary action that effectively dismisses or reduces the original charge in a case subject to the implied-consent law.General explanations such as "interests of justice" or "insufficient evidence" are not sufficiently detailed to meet the requirements of this section.  (b) The written explanation shall be signed by the prosecutor taking the action on a form approved by the Administrative Office of the Courts and shall contain, at a minimum:(1) The alcohol concentration or the fact that the driver refused.(2) A list of all prior convictions of implied-consent offenses or driving while license revoked.(3) Whether the driver had a valid drivers license or privilege to drive in this State as indicated by the Division's records.(4) A statement that a check of the database of the Administrative Office of the Courts revealed whether any other charges against the defendant were pending.(5) The elements that the prosecutor believes in good faith can be proved, and a list of those elements that the prosecutor cannot prove and why.(6) The name and agency of the charging officer and whether the officer is available.(7) Any reason why the charges are dismissed.(c) (See Editor's note on effective date) A copy of the form required in subsection (b) of this section shall be sent to the head of the law enforcement agency that employed the charging officer, to the district attorney who employs the prosecutor, and filed in the court file. The Administrative Office of the Courts shall electronically record this data in its database and make it available upon request. (1983, c. 435, s. 25; 1987 (Reg. Sess., 1988), c. 1112; 1989, c. 771, s. 18; 2006-253, s. 19; 2007-493, s. 16.)
NC Gen Stat § 20-138.5 (2021)
2021 North Carolina General Statutes|Chapter 20 - Motor Vehicles|Article 3 - Motor Vehicle Act of 1937.|§ 20-138.5 - Habitual impaired driving.

 20-138.5. Habitual impaired driving.(a) A person commits the offense of habitual impaired driving if he drives while impaired as defined in G.S. 20-138.1 and has been convicted of three or more offenses involving impaired driving as defined in G.S. 20-4.01(24a) within 10 years of the date of this offense.(b) A person convicted of violating this section shall be punished as a Class F felon and shall be sentenced to a minimum active term of not less than 12 months of imprisonment, which shall not be suspended. Sentences imposed under this subsection shall run consecutively with and shall commence at the expiration of any sentence being served.(c) An offense under this section is an implied consent offense subject to the provisions of G.S. 20-16.2. The provisions of G.S. 20-139.1 shall apply to an offense committed under this section.(d) A person convicted under this section shall have his license permanently revoked.(e) If a person is convicted under this section, the motor vehicle that was driven by the defendant at the time the defendant committed the offense of impaired driving becomes property subject to forfeiture in accordance with the procedure set out in G.S. 20-28.2. In applying the procedure set out in that statute, an owner or a holder of a security interest is considered an innocent party with respect to a motor vehicle subject to forfeiture under this subsection if any of the following applies:(1) The owner or holder of the security interest did not know and had no reason to know that the defendant had been convicted within the previous seven years of three or more offenses involving impaired driving.(2) The defendant drove the motor vehicle without the consent of the owner or the holder of the security interest. (1989 (Reg. Sess., 1990), c. 1039, s. 7; 1993, c. 539, s. 1258; 1994, Ex. Sess., c. 14, s. 32; c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 761, s. 34.1; c. 767, s. 32; 1997-379, s. 6; 2006-253, ss. 12, 13.)
NC Gen Stat § 20-140 (2021)
2021 North Carolina General Statutes|Chapter 20 - Motor Vehicles|Article 3 - Motor Vehicle Act of 1937.|§ 20-140 - Reckless driving.

 20-140. Reckless driving.(a) Any person who drives any vehicle upon a highway or any public vehicular area carelessly and heedlessly in willful or wanton disregard of the rights or safety of others shall be guilty of reckless driving.(b) Any person who drives any vehicle upon a highway or any public vehicular area without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property shall be guilty of reckless driving.(c) Repealed by Session Laws 1983, c. 435, s. 23.(d) Reckless driving as defined in subsections (a) and (b) is a Class 2 misdemeanor.(e) Repealed by Session Laws 1983, c. 435, s. 23.(f) A person is guilty of the Class 2 misdemeanor of reckless driving if the person drives a commercial motor vehicle carrying a load that is subject to the permit requirements of G.S. 20-119 upon a highway or any public vehicular area either:(1) Carelessly and heedlessly in willful or wanton disregard of the rights or safety of others; or(2) Without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property. (1937, c. 407, s. 102; 1957, c. 1368, s. 1; 1959, c. 1264, s. 8; 1973, c. 1330, s. 3; 1979, c. 903, ss. 7, 8; 1981, c. 412, s. 4; c. 466, s. 7; c. 747, s. 66; 1983, c. 435, s. 23; 1985, c. 764, s. 28; 1985 (Reg. Sess., 1986), c. 852, s. 17; 1993, c. 539, s. 365; 1994, Ex. Sess., c. 24, s. 14(c); 2000-109, s. 7(b).)
NC Gen Stat § 20-140.2 (2021)
2021 North Carolina General Statutes|Chapter 20 - Motor Vehicles|Article 3 - Motor Vehicle Act of 1937.|§ 20-140.2 - Overloaded or overcrowded vehicle.

 20-140.2. Overloaded or overcrowded vehicle.No person shall operate upon a highway or public vehicular area a motor vehicle which is so loaded or crowded with passengers or property, or both, as to obstruct the operator's view of the highway or public vehicular area, including intersections, or so as to impair or restrict otherwise the proper operation of the vehicle. (1953, c. 1233; 1967, c. 674, s. 1; 1973, c. 1143, s. 2; c. 1330, s. 4.)
NC Gen Stat § 20-140.3 (2021)
2021 North Carolina General Statutes|Chapter 20 - Motor Vehicles|Article 3 - Motor Vehicle Act of 1937.|§ 20-140.3 - Unlawful use of National System of Interstate and Defense Highways and other controlled-access highways.

 20-140.3. Unlawful use of National System of Interstate and Defense Highways and other controlled-access highways.On those sections of highways which are or become a part of the National System of Interstate and Defense Highways and other controlled-access highways, it shall be unlawful for any person:(1) To drive a vehicle over, upon, or across any curb, central dividing section or other separation or dividing line on said highways.(2) To make a left turn or a semicircular or U-turn except through an opening provided for that purpose in the dividing curb, separation section, or line on said highways.(3) To drive any vehicle except in the proper lane provided for that purpose and in the proper direction and to the right of the central dividing curb, separation section, or line on said highways.(4) To drive a vehicle onto or from any controlled-access highway except at such entrances and exits as are established by public authority.(5) To stop, park, or leave standing any vehicle, whether attended or unattended, on any part or portion of the right-of-way of said highways, except in the case of an emergency or as directed by a peace officer, or at designated parking areas.(6) To fail to yield the right-of-way when entering the highway to any vehicle already travelling on the highway.(7) Notwithstanding any other subdivision of this section, a law enforcement officer may cross the median of a divided highway when the officer has reasonable grounds to believe that a felony is being or has been committed, has personal knowledge that a vehicle is being operated at a speed or in a manner which is likely to endanger persons or property, or the officer has reasonable grounds to believe that the officer's presence is immediately required at a location which would necessitate crossing a median of a divided highway for this purpose. Fire department vehicles and public or private ambulances and rescue squad emergency service vehicles traveling in response to a fire alarm or other emergency call may cross the median of a divided highway when assistance is immediately required at a location which would necessitate the vehicle crossing a median of a divided highway for this purpose. (1973, c. 1330, s. 5; 1977, c. 731, s. 1; 1999-330, s. 5.)
NC Gen Stat § 20-140.4 (2021)
2021 North Carolina General Statutes|Chapter 20 - Motor Vehicles|Article 3 - Motor Vehicle Act of 1937.|§ 20-140.4 - Special provisions for motorcycles and mopeds.

 20-140.4. Special provisions for motorcycles and mopeds.(a) No person shall operate a motorcycle or moped upon a highway or public vehicular area:(1) When the number of persons upon or within such motorcycle or moped, including the operator, shall exceed the number of persons which it was designed to carry.(2) Unless the operator and all passengers thereon wear on their heads, with a retention strap properly secured, safety helmets of a type that complies with Federal Motor Vehicle Safety Standard (FMVSS) 218. This subdivision shall not apply to an operator of, or any passengers within, an autocycle that has completely enclosed seating or is equipped with a roll bar or roll cage.(b) Violation of any provision of this section shall not be considered negligence per se or contributory negligence per se in any civil action.(c) Any person convicted of violating this section shall have committed an infraction and shall pay a penalty of twenty-five dollars and fifty cents ($25.50) plus the following court costs: the General Court of Justice fee provided for in G.S. 7A-304(a)(4), the telephone facilities fee provided for in G.S. 7A-304(a)(2a), and the law enforcement training and certification fee provided for in G.S. 7A-304(a)(3b). Conviction of an infraction under this section has no other consequence.(d) No drivers license points or insurance surcharge shall be assessed on account of violation of this section.  (1973, c. 1330, s. 6; 1989, c. 711, s. 1; 2007-360, s. 7; 2009-451, s. 15.20(k); 2015-163, s. 11; 2016-90, s. 12.5(b); 2019-227, s. 6(a).)
NC Gen Stat § 20-140.5 (2021)
2021 North Carolina General Statutes|Chapter 20 - Motor Vehicles|Article 3 - Motor Vehicle Act of 1937.|§ 20-140.5 - Special mobile equipment may tow certain vehicles.

 20-140.5. Special mobile equipment may tow certain vehicles.Special mobile equipment may not tow any vehicle other than the following:(1) A single passenger vehicle that can carry no more than nine passengers and is carrying no passengers.(2) A single property-hauling vehicle that has a registered weight of 5,000 pounds or less, is carrying no passengers, and does not exceed its registered weight. (1991 (Reg. Sess., 1992), c. 1015, s. 3; 1999-438, s. 29.)
NC Gen Stat § 20-141.1 (2021)
2021 North Carolina General Statutes|Chapter 20 - Motor Vehicles|Article 3 - Motor Vehicle Act of 1937.|§ 20-141.1 - Speed limits in school zones.

 20-141.1. Speed limits in school zones.The Board of Transportation or local authorities within their respective jurisdictions may, by ordinance, set speed limits lower than those designated in G.S. 20-141 for areas adjacent to or near a public, private or parochial school. Limits set pursuant to this section shall become effective when signs are erected giving notice of the school zone, the authorized speed limit, and the days and hours when the lower limit is effective, or by erecting signs giving notice of the school zone, the authorized speed limit and which indicate the days and hours the lower limit is effective by an electronic flasher operated with a time clock. Limits set pursuant to this section may be enforced only on days when school is in session, and no speed limit below 20 miles per hour may be set under the authority of this section. A person who drives a motor vehicle in a school zone at a speed greater than the speed limit set and posted under this section is responsible for an infraction and is required to pay a penalty of two hundred fifty dollars ($250.00).  (1977, c. 902, s. 2; 1979, c. 613; 1997-341, s. 1.1; 2011-64, s. 1.)
NC Gen Stat § 20-141.2 (2021)
2021 North Carolina General Statutes|Chapter 20 - Motor Vehicles|Article 3 - Motor Vehicle Act of 1937.|§ 20-141.2 - Prima facie rule of evidence as to operation of motor vehicle altered so as to increase potential speed.

 20-141.2. Prima facie rule of evidence as to operation of motor vehicle altered so as to increase potential speed.Proof of the operation upon any street or highway of North Carolina at a speed in excess of the limits provided by law of any motor vehicle when the motor, or any mechanical part or feature, or the design of the motor vehicle has been changed or altered so that there is a variation between such motor vehicle as changed or altered and the motor vehicle as constructed according to specification of the original motor vehicle manufacturer, with the result that the potential speed of such vehicle has been increased beyond that which existed prior to such change or alteration, or the proof of operation upon any street or highway of North Carolina at a speed in excess of the limits provided by law of any motor vehicle assembled from parts of two or more different makes of motor vehicles, whether or not any specially made or specially designed parts or appliances are included in the manufacture and assembly thereof, shall be prima facie evidence that such motor vehicle was operated at such time by the registered owner thereof. (1953, c. 1220.)
NC Gen Stat § 20-141.6 (2021)
2021 North Carolina General Statutes|Chapter 20 - Motor Vehicles|Article 3 - Motor Vehicle Act of 1937.|§ 20-141.6 - Aggressive Driving.

 20-141.6. Aggressive Driving.(a) Any person who operates a motor vehicle on a street, highway, or public vehicular area is guilty of aggressive driving if the person:(1) Violates either G.S. 20-141 or G.S. 20-141.1, and(2) Drives carelessly and heedlessly in willful or wanton disregard of the rights or safety of others.(b) For the purposes of this section only, in order to prove a violation of subsection (a)(2), the State must show that the person committed two or more of the below specified offenses while in violation of subsection (a)(1):(1) Running through a red light in violation of G.S. 20-158(b)(2) or (b)(3), or G.S. 20-158(c)(2) or (c)(3).(2) Running through a stop sign in violation of G.S. 20-158(b)(1) or (c)(1).(3) Illegal passing in violation of G.S. 20-149 or G.S. 20-150.(4) Failing to yield right-of-way in violation of G.S. 20-155, 20-156, 20-158(b)(4) or (c)(4) or 20-158.1.(5) Following too closely in violation of G.S. 20-152.(c) A person convicted of aggressive driving is guilty of a Class 1 misdemeanor.(d) The offense of reckless driving under G.S. 20-140 is a lesser-included offense of the offense set forth in this section. (2004-193, s. 1.)
NC Gen Stat § 20-142.1 (2021)
2021 North Carolina General Statutes|Chapter 20 - Motor Vehicles|Article 3 - Motor Vehicle Act of 1937.|§ 20-142.1 - Obedience to railroad signal.

 20-142.1. Obedience to railroad signal.(a) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of the vehicle shall stop within 50 feet, but not less than 15 feet from the nearest rail of the railroad and shall not proceed until he can do so safely. These requirements apply when:(1) A clearly visible electrical or mechanical signal device gives warning of the immediate approach of a railroad train or on-track equipment;(2) A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train or on-track equipment;(3) A railroad train or on-track equipment approaching within approximately 1500 feet of the highway crossing emits a signal audible from that distance, and the railroad train or on-track equipment is an immediate hazard because of its speed or nearness to the crossing; or(4) An approaching railroad train or on-track equipment is plainly visible and is in hazardous proximity to the crossing.(b) No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed, nor shall any pedestrian pass through, around, over, or under any crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed.(c) When stopping as required at a railroad crossing, the driver shall keep as far to the right of the highway as possible and shall not form two lanes of traffic unless the roadway is marked for four or more lanes of traffic.(d) Any person who violates any provisions of this section shall be guilty of an infraction and punished in accordance with G.S. 20-176. Violation of this section shall not constitute negligence per se.(e) An employer who knowingly allows, requires, permits, or otherwise authorizes a driver of a commercial motor vehicle to violate this section shall be guilty of an infraction. Such employer will also be subject to a civil penalty under G.S. 20-37.21.  (1991, c. 368, s. 1; 2005-349, s. 12; 2019-36, s. 2.)
NC Gen Stat § 20-142.2 (2021)
2021 North Carolina General Statutes|Chapter 20 - Motor Vehicles|Article 3 - Motor Vehicle Act of 1937.|§ 20-142.2 - Vehicles stop at certain grade crossing.

 20-142.2. Vehicles stop at certain grade crossing.The Department of Transportation may designate particularly dangerous highway crossings of railroads and erect stop signs at those crossings. When a stop sign is erected at a highway crossing of a railroad, the driver of any vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of such grade crossing and shall proceed only upon exercising due care. Any person who violates this section shall be guilty of an infraction and punished in accordance with G.S. 20-176. Violation of this section shall not constitute negligence per se. An employer who knowingly allows, requires, permits, or otherwise authorizes a driver of a commercial motor vehicle to violate this section shall be guilty of an infraction. Such employer will also be subject to a civil penalty under G.S. 20-37.21. (1991, c. 368, s. 1; 2005-349, s. 13.)