(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 N.C. Gen. Stat. § 20-141 or N.C. Gen. Stat. § 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 N.C. Gen. Stat. § 20-158(b)(2) or (b)(3), or N.C. Gen. Stat. § 20-158(c)(2) or (c)(3).

(2)        Running through a stop sign in violation of N.C. Gen. Stat. § 20-158(b)(1) or (c)(1).

(3)        Illegal passing in violation of N.C. Gen. Stat. § 20-149 or N.C. Gen. Stat. § 20-150

(4)        Failing to yield right-of-way in violation of N.C. Gen. Stat. § 20-155, 20-156, 20-158(b)(4) or (c)(4) or 20-158.1.

(5)        Following too closely in violation of N.C. Gen. Stat. § 20-152

(c)        A person convicted of aggressive driving is guilty of a Class 1 misdemeanor.

(d)       The offense of reckless driving under N.C. Gen. Stat. § 20-140 is a lesser-included offense of the offense set forth in this section. (2004-193, s. 1.)

Attorney's Note

Under the N.C. Gen. Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 1 misdemeanorup to 120 days
For details, see § 15A-1340.23

Terms Used In North Carolina General Statutes 20-141.6

  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Person: means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this State, any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the United States Nuclear Regulatory Commission, or any successor thereto, and other than federal government agencies licensed by the United States Nuclear Regulatory Commission, or any successor thereto. See North Carolina General Statutes 20-137.6
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3