North Carolina Basic Law Enforcement Training (BLET) State Practice Exam

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Can an individual be arrested for an infraction?

  1. Yes, in specific cases

  2. No, it is not possible

  3. Only if they refuse to comply

  4. Yes, if it leads to a misdemeanor

The correct answer is: No, it is not possible

An infraction is generally considered a minor violation of the law that usually results in a fine rather than incarceration. These types of offenses can include things like traffic violations, such as speeding or running a red light. The nature of infractions means that they typically do not warrant an arrest. Instead, law enforcement might issue a citation, requiring the individual to appear in court or pay a fine. In most jurisdictions, including North Carolina, the legal framework distinguishes between infractions and other more serious offenses, such as misdemeanors or felonies, which can lead to arrest. Although there can be exceptions in certain circumstances, the prevailing understanding is that an infraction does not carry the possibility of arrest. Thus, it is accurate to state that individuals cannot be arrested solely for an infraction as it does not meet the threshold for arrestable offenses.