Motor Vehicles; Reciprocal Provisions as To Arrest of Nonresidents

Subject:

Motor Vehicles; G.S. 20-4.18 et seq.; Reciprocal Provisions as To Arrest of Nonresidents

Requested By:

Colonel John T. Jenkins Commanding North Carolina State Highway Patrol

Questions:

1. May a law enforcement officer under G.S. 20-4.19 arrest and carry before a magistrate a motorist who resides in a reciprocating state but who is licensed in a nonreciprocating state if the offense committed in North Carolina would not result in the suspension of revocation of his license or privilege to drive under the laws of North Carolina?

2. May a law enforcement officer under G.S. 20-4.19 arrest and carry before a magistrate a motorist who resides in a nonreciprocating state but who is licensed in a reciprocating state if the offense committed in North Carolina would not result in the suspension or revocation of his license or privilege to drive under the laws of North Carolina.

Conclusions:

1. No.

2. No.

Article 1B (Reciprocal Provisions as to Arrest of Nonresidents) of Chapter 20 contains the appropriate statutes. G.S. 20-4.19 reads:

"Issuance of citation to nonresident; officer to report noncompliance. – (a) Notwithstanding other provisions of this Chapter, a law enforcement officer observing a violation of this Chapter or other traffic regulation by a nonresident shall issue a citation as appropriate and shall not, subject to provisions of subsection

(b)

of this Section, require such nonresident to post collateral or bond to secure appearance for trial, but shall accept such nonresident’s personal recognizance; provided, however, that the nonresident shall have the right upon request to post collateral or bond in a manner provided by law and in such case the provisions of this Article shall not apply.

(c)

No nonresident shall be entitled to be released on his personal recognizance if the offense is one which would result in the suspension or revocation of a person’s license under the laws of this State."

G.S. 20-4.18(4) defines a nonresident as "a person who is a resident of or holds a license issued by a reciprocating state". (Emphasis added) Therefore, a motorist who is a resident of a reciprocating state, regardless of the licensing state, must be permitted to sign the personal recognizance in lieu of posting collateral or bond if the offense would not result in the suspension or revocation of the motorist’s license or privilege to drive under the laws of North Carolina. Similarly, a motorist who is a resident of a nonreciprocating state but who is licensed in a reciprocating state must also be permitted to sign the personal recognizance in lieu of posting collateral or bond. A motorist is entitled to the benefits of Chapter 20, Article 1B if he is either licensed by or a resident of a reciprocating state.

The Division of Motor Vehicles has assured us that an effort will be made to process reciprocals signed by residents of reciprocating states who are licensed in nonreciprocating states. We should note that, despite the few problems caused by this particular statutory wording, the nonresident compact avoids long delays in magistrates’ offices and permits the violator and the law enforcement officer to resume their individual duties with a minimum of delay and inconvenience.

Rufus L. Edmisten Attorney General

David Roy Blackwell Assistant Attorney General