2012 North Dakota Century Code Title 39 Motor Vehicles Chapter 39-06.1 Disposition of Traffic Offenses
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CHAPTER 39-06.1
DISPOSITION OF TRAFFIC OFFENSES
39-06.1-01. Definitions.
As used in this title:
1. "Adjudication" and "admission" means an official determination, in the manner
provided by law, that a traffic violation has been committed by a named driver.
2. "Equivalent ordinance" or "equivalent ordinances" means city, state, or other
jurisdiction ordinances which are comparable to the cited statute, and define
essentially the same offense, despite the fact that the language of the ordinance may
differ, or differing procedural points or methods of proof may be provided.
3. "Halting officer" means a law enforcement officer charged with and acting under the
officer's authority to halt and, if appropriate, arrest persons suspected or known to be
violating statutes or ordinances regulating the operation or equipment of vehicles, or
the regulation of traffic.
4. "Licensing authority" means the state agency authorized to issue operators' licenses.
5. "Point" or "points" refers to the number of demerits assigned to particular types of
traffic violations, the accumulation of which will, at a stated level, result in suspension
of the offender's operator's license.
39-06.1-02. Traffic violations noncriminal - Exceptions - Procedures.
Any person cited, in accordance with sections 39-07-07 and 39-07-08, for a traffic violation
under state law or municipal ordinance, other than an offense listed in section 39-06.1-05, is
deemed to be charged with a noncriminal offense. The person may appear before the
designated official and pay the statutory fee for the violation charged at or before the time
scheduled for a hearing. If the person has posted bond in person or by mail, the person may
forfeit bond by not appearing at the designated time. If the person is cited for a traffic violation
under state law and posts bond by mail, the bond must be submitted within fourteen days of the
date of the citation. When posting bond by mail, the person cited shall indicate on the envelope
or citation whether a hearing is requested. If the person does not request a hearing within
fourteen days of the date of the citation, the bond is deemed forfeited and the violation admitted.
If the person requests a hearing, the court for the county in which the citation is issued shall
issue a summons to the person requesting the hearing notifying the person of the date of the
hearing before the designated official in accordance with section 39-06.1-03. Upon appearing at
the hearing scheduled in the citation or otherwise scheduled at the person's request, the person
may make a statement in explanation of the person's action. The official may at that time waive,
reduce, or suspend the statutory fee or bond, or both. If the person cited follows the foregoing
procedures, the person is deemed to have admitted the violation and to have waived the right to
a hearing on the issue of commission of the violation. The bond required to secure appearance
must be identical to the statutory fee established by section 39-06.1-06. Within ten days after
forfeiture of bond or payment of the statutory fee, the official having jurisdiction over the violation
shall certify to the licensing authority:
1. Admission of the violation; and
2. In speeding violations, whether the speed charged was in excess of the lawful speed
limit by more than nine miles [14.48 kilometers] per hour and the miles [kilometers] per
hour by which the speed limit was exceeded.
This section does not allow a halting officer to receive the statutory fee or bond, unless the
officer is otherwise authorized by law to do so.
39-06.1-02.1. Notification of parents or guardians of juvenile traffic offenders.
The clerk of court shall notify the parent or guardian of any juvenile appearing before the
court on a traffic offense of the charge as contained in the citation, the penalty attached to the
offense, and the time and place of any court hearing on the matter.
Page No. 1
39-06.1-03. Administrative hearing - Procedures - Appeals - Stay orders.
1. A person cited for a traffic violation, other than an offense listed in section 39-06.1-05,
who does not follow one of the procedures set forth in section 39-06.1-02, may request
a hearing on the issue of commission of the violation charged. The hearing must be
held at the time scheduled in the citation, at the time scheduled in response to the
person's request, or at some future time, not to exceed ninety days later, set at that
first appearance.
2. At the time of a request for a hearing on the issue of commission of the violation, the
person charged shall deposit with the official having jurisdiction an appearance bond
equal to the statutory fee for the violation charged.
3. If a person cited for a traffic violation, other than an offense listed in section
39-06.1-05, has requested a hearing on the issue of the commission of the violation
charged and appears at the time scheduled for the hearing, and the state or city, as
the case may be, does not appear or is not ready to prove the commission of a
charged violation at the hearing, the official shall dismiss the charge.
4. If the official finds that the person had committed the traffic violation, the official shall
notify the licensing authority of that fact, and whether the person was driving more
than nine miles [14.48 kilometers] per hour in excess of the lawful limit, stating
specifically the miles [kilometers] per hour in excess of the lawful limit, if charged with
a speeding violation, within ten days of the date of the hearing. The fact that a person
has admitted a violation, or has, in any proceeding, been found to have committed a
violation, may not be referred to in any way, nor be admissible as evidence in any
court, civil, equity, or criminal, except in an action or proceeding involving that person's
driving license or privilege.
5. a. A person may not appeal a finding from a district judge or magistrate that the
person committed the violation. If a person is aggrieved by a finding in the
municipal court that the person committed the violation, the person may, without
payment of a filing fee, appeal that finding to the district court for trial anew. If,
after trial in the appellate court, the person is again found to have committed the
violation, there may be no further appeal. Notice of appeal under this subsection
must be given within thirty days after a finding of commission of a violation is
entered by the official. Oral notice of appeal may be given to the official at the
time that the official adjudges that a violation has been committed. Otherwise,
notice of appeal must be in writing and filed with the official, and a copy of the
notice must be served upon the prosecuting attorney. An appeal taken under this
subsection may not operate to stay the reporting requirement of subsection 4, nor
to stay appropriate action by the licensing authority upon receipt of that report.
b. The appellate court upon application by the appellant may:
(1) Order a stay of any action by the licensing authority during pendency of the
appeal, but not to exceed a period of one hundred twenty days;
(2) Order a stay and that the appellant be issued a temporary restricted driving
certificate by the licensing authority to be effective for no more than one
hundred twenty days; or
(3) Deny the application.
An application for a stay or temporary certificate under this subdivision must be
accompanied by a certified copy of the appellant's driving record, for the
furnishing of which the licensing authority may charge a fee of three dollars. Any
order granting a stay or a temporary certificate must be forwarded forthwith by the
clerk of court to the licensing authority, which immediately shall issue a temporary
certificate in accordance with the order in the manner provided by law. A court
may not make a determination on an application under this subdivision without
notice to the appropriate prosecuting attorney. A person who violates or exceeds
the restrictions contained in any temporary restricted driving certificate issued
pursuant to this subdivision is guilty of a traffic violation and must be assessed a
fee of twenty dollars.
Page No. 2
c.
6.
7.
If the person charged is found not to have committed the violation by the
appellate court, the clerk of court shall report that fact to the licensing authority
immediately. Unless the appropriate state's attorney consents to prosecute the
appeal, if an appeal under this subsection is from a violation of a city ordinance,
the city attorney for the city wherein the alleged violation occurred shall prosecute
the appeal. In all other cases, the appropriate state's attorney shall prosecute the
appeal.
The state or the city, as the case may be, must prove the commission of a charged
violation at the hearing or appeal under this section by a fair preponderance of the
evidence. Upon an appeal under subsection 5, the court and parties shall follow, to the
extent applicable, the North Dakota Rules of Civil Procedure. If on the appeal from the
finding of the official the finding is affirmed, costs may be assessed at the discretion of
the trial judge.
As used in sections 39-06.1-02, 39-06.1-03, and 39-06.1-04, the word "official" means
a municipal judge, or a magistrate or other qualified person appointed by the presiding
judge of the judicial district, to serve as such official for all or a specified part of the
judicial district.
39-06.1-04. Failure to appear, pay statutory fee, post bond - Procedure - Penalty.
If a person fails to choose one of the methods of proceeding set forth in section 39-06.1-02
or 39-06.1-03, the person must be deemed to have admitted to commission of the violation
charged, and the official having jurisdiction shall report such fact to the licensing authority within
ten days after the date set for the hearing. Failure to appear at the time designated, after signing
a promise to appear, if signing is required by law, or failure to appear without paying the
statutory fee or posting and forfeiting bond is a class B misdemeanor. Failure to appear without
just cause at the hearing must also be deemed an admission of commission of the violation
charged.
39-06.1-05. Offenses excepted.
The procedures authorized under sections 39-06.1-02 and 39-06.1-03 may not be utilized
by a person charged with one of the following offenses:
1. Driving or being in actual physical control of a vehicle in violation of section 39-08-01,
or an equivalent ordinance.
2. Reckless driving or aggravated reckless driving in violation of section 39-08-03, or an
equivalent ordinance.
3. A violation of chapter 12.1-16 resulting from the operation of a motor vehicle.
4. Leaving the scene of an accident in violation of section 39-08-04, 39-08-05, 39-08-07,
or 39-08-08, or equivalent ordinances.
5. Driving while license or driving privilege is suspended or revoked in violation of section
39-06-42, or an equivalent ordinance.
6. Violating subdivision b or c of subsection 5 of section 39-24-09.
7. Operating a modified motor vehicle in violation of section 39-21-45.1.
8. Driving without liability insurance in violation of section 39-08-20.
9. Operating an unsafe vehicle in violation of subsection 2 of section 39-21-46.
10. Causing an accident with an authorized emergency vehicle or a vehicle operated by or
under the control of the director used for maintaining the state highway system in
violation of subsection 5 of section 39-10-26.
39-06.1-06. Amount of statutory fees.
The fees required for a noncriminal disposition pursuant to either section 39-06.1-02 or
39-06.1-03 must be as follows:
1. For a nonmoving violation as defined in section 39-06.1-08, a fee of any amount not to
exceed twenty dollars.
2. For a moving violation as defined in section 39-06.1-09, a fee of twenty dollars, except
for:
Page No. 3
a.
3.
4.
5.
6.
7.
8.
9.
10.
A violation of section 39-10-26, 39-10-26.2, 39-10-41, 39-10-42, 39-10-46, or
39-10-46.1, a fee of fifty dollars.
b. A violation of section 39-10-05 involving failure to yield to a pedestrian or
subsection 1 of section 39-10-28, a fee of fifty dollars.
c. A violation of section 39-21-41.2, a fee of twenty-five dollars.
d. A violation of subsection 1 of section 39-12-02 or section 39-08-23, a fee of one
hundred dollars.
e. A violation of subdivision d of subsection 1 of section 39-12-04, a fee of one
hundred dollars.
f. A violation of subsection 1 of section 39-04-37 by an individual by becoming a
resident of this state, a fee of one hundred dollars.
g. A violation of subsection 2 of section 39-10-21.1, a fee of two hundred fifty
dollars.
h. A violation of section 39-10-59, a fee of one hundred dollars.
Except as provided in subsections 7 and 11, for a violation of section 39-09-02, or an
equivalent ordinance, a fee established as follows:
Miles per hour over
lawful speed limit
Fee
1- 5
$ 5
6 - 10
$ 5 plus $1/each mph over 5 mph over limit
11 - 15
$ 10 plus $1/each mph over 10 mph over limit
16 - 20
$ 15 plus $2/each mph over 15 mph over limit
21 - 25
$ 25 plus $3/each mph over 20 mph over limit
26 - 35
$ 40 plus $3/each mph over 25 mph over limit
36 - 45
$ 70 plus $3/each mph over 35 mph over limit
46 +
$100 plus $5/each mph over 45 mph over limit
For a violation of section 39-09-01, or an ordinance defining careless driving, a fee of
thirty dollars.
For a violation of section 39-09-01.1, or an ordinance defining care required in driving,
a fee of not less than ten dollars nor more than thirty dollars.
For a violation of any traffic parking regulations, except a violation of subsection 10 of
section 39-01-15, on any state charitable or penal institution property or on the state
capitol grounds, a fee in the amount of five dollars.
On a highway on which the speed limit is a speed higher than fifty-five miles [88.51
kilometers] an hour, for a violation of section 39-09-02, or an equivalent ordinance, a
fee established as follows:
Miles per hour over
lawful speed limit
Fee
1 - 10
$2/each mph over limit
11 +
$20 plus $5/each mph over 10 mph over limit
For a violation of section 39-21-41.4, a fee not to exceed twenty dollars.
For a violation of section 39-21-44 or a rule adopted under that section, a fee of two
hundred fifty dollars.
For a violation of subsection 3 of section 39-21-46, a fee established as follows:
a. Driving more than eleven hours since the last ten hours off duty, driving after
fourteen hours on duty since the last ten hours off duty, driving after sixty hours
on duty in seven days or seventy hours in eight days, no record of duty status or
log book in possession, failing to retain previous seven-day record of duty status
or log book, or operating a vehicle with four to six out-of-service defects, one
hundred dollars;
b. False record of duty status or log book or operating a vehicle with seven to nine
out-of-service defects, two hundred fifty dollars;
c. Operating a vehicle after driver placed out of service, operating a vehicle with ten
or more out-of-service defects, or operating a vehicle that has been placed out of
service prior to its repair, five hundred dollars; and
Page No. 4
d.
11.
12.
13.
All other violations of motor carrier safety rules adopted under subsection 3 of
section 39-21-46, fifty dollars.
On a highway on which the speed limit is posted in excess of sixty-five miles [104.61
kilometers] an hour, for a violation of section 39-09-02, or equivalent ordinance, a fee
of five dollars for each mile per hour over the limit.
For a violation of a school zone speed limit under subdivision b of subsection 1 of
section 39-09-02, or, notwithstanding subsection 2 of section 40-05-06 or section
40-05.1-06, of an ordinance in a city or home rule city for a violation of a speed limit
dependent upon being on or near a school, fees for a noncriminal disposition are forty
dollars for one through ten miles per hour over the posted speed; and forty dollars,
plus one dollar for each additional mile per hour over ten miles per hour over the limit
unless a greater fee would be applicable under this section.
For a violation of a highway construction zone speed limit under subsection 2 of
section 39-09-02, a fee of eighty dollars for one through ten miles per hour over the
posted speed; and eighty dollars plus two dollars for each mile per hour over ten miles
per hour over the limit, unless a greater fee would be applicable under this section.
The fee in this subsection does not apply to a highway construction zone unless
individuals engaged in construction are present at the time and place of the violation
and the posted speed limit sign states "Minimum Fee $80".
39-06.1-07. Notification to offenders - Duties of licensing authority.
The licensing authority shall prepare notification forms and a temporary operator's permit as
provided in section 39-20-03.1 or 39-20-03.2 to be delivered to persons charged along with the
uniform traffic summons and complaint as provided in section 29-05-31. The notification forms
must contain language, approved by the attorney general, informing persons charged with traffic
violations, other than offenses listed in section 39-06.1-05, of the procedures available to them
under sections 39-06.1-02 and 39-06.1-03 and informing persons who refuse a chemical test or
onsite screening test under chapter 39-20 or who, on taking a chemical test, are found to be in
violation of subdivision a of subsection 1 of section 39-08-01, of the procedures available under
chapter 39-20. The notification must also contain a schedule of points to be charged against a
person's driving record or other operator's license penalties as provided by law and a schedule
of statutory fees and bond amounts as determined in accordance with sections 39-06.1-06 and
39-06.1-02. A notification form separate from the uniform traffic summons and complaint may be
delivered to a person charged with a violation of subsection 3 of section 39-21-46.
39-06.1-08. Nonmoving violation defined.
For the purposes of section 39-06.1-06, a "nonmoving violation" means:
1. A violation of section 39-04-11, subsection 1 of section 39-04-37 by an individual by
becoming a resident of this state, subsection 6 of section 39-06-17, and section
39-06-44, 39-06-45, 39-10-47, 39-10-49, 39-10-50, 39-10-51, 39-10-54.1, 39-21-08,
39-21-10, 39-21-11, or 39-21-14, or a violation of any municipal ordinance equivalent
to the foregoing sections.
2. A violation, discovered at a time when the vehicle is not actually being operated, of
section 39-21-03, 39-21-05, 39-21-13, 39-21-19, 39-21-32, 39-21-37, 39-21-39, or
39-21-44.2, or a violation of any municipal ordinance equivalent to the foregoing
sections.
39-06.1-09. Moving violation defined.
For the purposes of sections 39-06.1-06 and 39-06.1-13, a "moving violation" means a
violation of section 39-04-22, subsection 1 of section 39-04-37, section 39-04-55, 39-06-01,
39-06-14, 39-06-16, 39-08-23, 39-08-24, 39-09-04.1, or 39-09-09, subsection 1 of section
39-12-02, section 39-12-04, 39-12-05, 39-12-06, 39-12-09, 39-24-02, or 39-24-09, except
subdivisions b and c of subsection 5, or equivalent ordinances; or a violation of the provisions of
chapter 39-10, 39-10.2, or 39-21, or equivalent ordinances, except subsection 5 of section
39-10-26, sections 39-21-44 and 39-21-45.1, subsections 2 and 3 of section 39-21-46, and
Page No. 5
those sections within those chapters which are specifically listed in subsection 1 of section
39-06.1-08.
39-06.1-10. Entries against driving record - Licensing authority duties - Hearings Demerit schedule - Suspension.
1. When a report of a conviction of a traffic offense, or admission or adjudication of a
traffic violation is received by the licensing authority, the licensing authority shall
proceed to enter the proper number of points on the licensee's driving record, unless
the number points assigned to the violation are two or less. If the number points
assigned to the violation are two or less, the violation and points may not be entered
on the driving record but must be recorded separately, and the separate record shall
not be available to the public. Points from violations in which the assigned number
points are two or less shall be considered a part of the driving record only for purposes
of point reduction pursuant to section 39-06.1-13 and for purposes of license
suspension. When the driving record shows that the licensee has an accumulated
point total of twelve or more points, assigned on the basis of the schedule contained in
subsection 3, the authority shall notify the licensee of its intention to suspend the
operator's license according to the provisions of section 39-06-33. For the purposes of
this chapter, the licensing authority may also receive and act on reports of traffic
offense convictions forwarded by federal, military, and tribal courts in this state.
2. If the licensing authority confirms, after hearing or opportunity for hearing, that the
licensee's driving record has an accumulated point total of twelve or more points, the
licensing authority shall suspend the licensee's operator's license according to the
following schedule:
Accumulated Point Total:
Period of Suspension:
a. Twelve
7 days
b. Thirteen and above
7 days for each point
over eleven
Surrender and return of licenses suspended pursuant to this section must be governed
by the provisions of section 39-06-37.
3. Points must be assigned and accumulated on the basis of the following schedule:
a. Noncriminal Violations
Noncriminal Adjudication or Admission of:
Points Assigned:
(1) Overtime and double parking in violation of city
0 points
ordinances
(2) Failure to display license plates
1 point
(3) Permitting unauthorized minor to drive
2 points
(4) Permitting unauthorized person to drive
2 points
(5) Unlawful stopping, standing, or parking on open
2 points
highway in violation of section 39-10-47
(6) Unlawful parking in prohibited place
1 point
(7) Leaving motor vehicle improperly unattended on
1 point
an open highway
(8) Opening or leaving motor vehicle doors open when
1 point
unsafe to do so
(9) Except as provided in sections 39-21-44 and
2 points
39-21-45.1, knowingly driving with defective,
nonexistent, or unlawful equipment in violation of
section 39-21-46, or equivalent ordinances
(10) Careless driving in violation of section 39-09-01, or
6 points
equivalent ordinance
(11) Violating or exceeding restrictions contained in
4 points
a restricted certificate issued pursuant to section
39-06.1-03
(12) Racing or drag racing motor vehicles in violation
10 points
of section 39-08-03.1, or equivalent ordinance
Page No. 6
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
(28)
(29)
(30)
(31)
(32)
(33)
Exhibition driving in violation of section 39-08-03.1, or
equivalent ordinance
Failing to yield right of way in violation of
section 39-10-20, 39-10-22 through 39-10-26,
39-10-28, 39-10-33.3, 39-10-44, or 39-10-72, or
equivalent ordinances
Disobeying an official traffic-control device
in violation of section 39-10-04, 39-10-05, or
39-10-07, or equivalent ordinances
Driving on wrong side of road in violation of
section 39-10-08, 39-10-14, or 39-10-16, or
equivalent ordinances
Failing to dim headlights in violation of section
39-21-21, or equivalent ordinance
Failing to stop at railroad crossing in violation of section
39-10-41 or 39-10-42, or equivalent ordinances
Knowingly driving with defective brakes in violation of
section 39-21-32 or 39-21-33, or equivalent ordinances
Disregarding the lawful commands of a police officer in
violation of section 39-10-02, or equivalent ordinance
Overtaking where prohibited or in an unsafe manner in
violation of section 39-10-11, 39-10-12, 39-10-13, or
39-10-15, or equivalent ordinances
Overtaking and passing a schoolbus in violation of
section 39-10-46, or equivalent ordinance
Operating a motor vehicle without a license in
violation of section 39-06-01, or equivalent ordinance
Improperly operating or unlawfully carrying
passengers or packages on a motorcycle in violation
of section 39-10.2-02, or equivalent ordinance
Improperly operating a motorcycle in laned traffic in
violation of section 39-10.2-03, or equivalent ordinance
Clinging to other vehicles while riding a motorcycle in
violation of section 39-10.2-04, or equivalent ordinance
Carrying a passenger on a motorcycle not equipped
with passenger footrests in violation of section
39-10.2-05, or equivalent ordinance
Operating a motorcycle without protective headgear
in violation of subsection 1 of section 39-10.2-06, or
equivalent ordinance
Failing to use the care required in section 39-09-01.1,
or equivalent ordinance
Except as provided in paragraph 33, operating a motor
vehicle in excess of speed limit in violation of section
39-09-02, or equivalent ordinance
6 - 10 mph over limit
11 - 15 mph over limit
16 - 20 mph over limit
21 - 25 mph over limit
26 - 35 mph over limit
36 - 45 mph over limit
46 + mph over limit
Driving in violation of section 39-08-18
Driving in violation of section 39-08-09
On a highway on which the speed limit is posted in
excess of sixty-five miles [104.61 kilometers] an hour,
Page No. 7
3 points
2 points
2 points
2 points
1 point
3 points
2 points
2 points
2 points
6 points
4 points
2 points
2 points
4 points
2 points
2 points
2 points
0 points
1 point
3 points
5 points
9 points
12 points
15 points
2 points
6 points
operating a motor vehicle in excess of the speed limit
in violation of section 39-09-02, or equivalent ordinance
Miles per hour over lawful speed limit
Points
1-5
0
6 - 10
1
11 - 15
3
16 - 20
5
21 - 25
7
26 - 30
10
31 - 35
12
36 +
15
(34) Failing to have a minor in a child restraint system
1 point
or seatbelt in violation of section 39-21-41.2
(35) Failure or refusal to comply with rules of the
0 points
superintendent of the highway patrol in violation
of subsection 3 of section 39-21-46
(36) Violation of section 39-21-44 or any rule adopted
2 points
under that section
b. Criminal Violations
Conviction of:
Points Assigned:
(1) Reckless driving in violation of section 39-08-03, or
8 points
equivalent ordinance
(2) Aggravated reckless driving in violation of section
12 points
39-08-03, or equivalent ordinance
(3) Leaving the scene of an accident involving property
14 points
damage in violation of section 39-08-05, 39-08-07,
or 39-08-08, or equivalent ordinances
(4) Leaving the scene of an accident involving personal
18 points
injury or death in violation of section 39-08-04, or
equivalent ordinance
(5) Violating restrictions in a restricted license issued
3 points
under section 39-06-17 and relating to the use of
eyeglasses or contact lenses while driving
(6) Violating any restrictions other than those listed in
4 points
paragraph 5, contained in a restricted license issued
under section 39-06-17 or 39-06.1-11
(7) Except as provided in paragraph 9, operating
6 points
a motor vehicle without liability insurance,
in violation of section 39-08-20
(8) Knowingly driving a modified motor vehicle in violation
2 points
of section 39-21-45.1, or equivalent ordinance
(9) Operating a motor vehicle without liability insurance,
14 points
in violation of section 39-08-20, if the violation was
discovered as the result of investigation of an accident
in which the driver is the owner
(10) Except as provided in paragraph 9 of subdivision a,
2 points
knowingly operating an unsafe vehicle in violation of
section 39-21-46, or equivalent ordinance
(11) Fleeing in a motor vehicle from a peace officer in
24 points
violation of section 39-10-71, or equivalent ordinance
(12) Except as provided in paragraph 9, operating a motor
12 points
vehicle without liability insurance, in violation of section
39-08-20, if the driving record shows that the licensee has
within the eighteen months preceding the violation previously
violated section 39-08-20
Page No. 8
(13)
3.1.
4.
5.
6.
7.
Causing an accident with an authorized emergency
2 points
vehicle or a vehicle operated by or under the control
of the director used for maintaining the state highway
system in violation of subsection 5 of section 39-10-26,
or equivalent ordinance
(14) Driving in violation of the conditions of an instruction
2 points
permit
a. If the director is informed by a court that a person has been convicted of violating
section 39-08-01, or equivalent ordinance, the director, subject to the offender's
opportunity for hearing under subsection 1, shall suspend that person's driving
privileges until the offender furnishes to the director the written statement of the
counselor or instructor of an appropriate licensed addiction treatment program
that the offender does not require either an education or treatment program or
that the offender has physically attended the prescribed program and has
complied with the attendance rules. The director shall send notice to the offender
informing the offender of the provisions of this subsection.
b. If within the seven years preceding the most recent violation of section 39-08-01,
or equivalent ordinance, the offender has previously violated section 39-08-01, or
equivalent ordinance, at least three times, the driving privileges shall be
suspended and can be restored only after that person has completed addiction
treatment through an appropriate licensed addiction treatment program and has
had no alcohol-related or drug-related offense for two consecutive years after
completion of treatment.
If judicial disposition of a traffic violation includes an order or recommendation of
suspension or revocation of an operator's license, the suspension or revocation runs
concurrently with any suspension ordered under this section. After a conviction of a
person for violating section 39-08-01, the director shall, in suspending the person's
operator's license, give credit for the time in which license suspension or revocation
has been or is being imposed under chapter 39-20 in connection with the same
offense.
A suspension must be deemed to have commenced twenty days after the order of
suspension is delivered to the licensee at the licensee's address of record in the
department. Constructive delivery under this section must be considered as occurring
seventy-two hours after proper deposit in the mails.
Points assigned pursuant to this section must be recorded against an operator's
driving record regardless of whether the operator has ever had an operator's license
issued in this state, and the licensing authority shall maintain records on all violators
regardless of whether they are licensed. Upon the assignment of twelve or more
points, any unlicensed operator must be deemed to be driving under suspension if the
operator has never had an operator's license or if the operator has failed to renew the
operator's license.
The period of suspension imposed for a violation of section 39-08-01 or equivalent
ordinance is:
a. Ninety-one days if the operator's record shows the person has not violated
section 39-08-01 or equivalent ordinance within the five years preceding the last
violation.
b. One hundred eighty days if the operator's record shows the person has not
violated section 39-08-01 or equivalent ordinance within five years preceding the
last violation and the violation was for an alcohol concentration of at least
eighteen one-hundredths of one percent by weight.
c. Three hundred sixty-five days if the operator's record shows the person has once
violated section 39-08-01 or equivalent ordinance within the five years preceding
the last violation.
d. Two years if the operator's record shows the person has at least once violated
section 39-08-01 or equivalent ordinance within the five years preceding the last
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e.
f.
violation and the violation was for an alcohol concentration of at least eighteen
one-hundredths of one percent by weight.
Two years if the operator's record shows the person has at least twice violated
section 39-08-01 or equivalent ordinance within the five years preceding the last
violation.
Three years if the operator's record shows the person has at least twice violated
section 39-08-01 or equivalent ordinance within the five years preceding the last
violation and the violation is for an alcohol concentration of at least eighteen
one-hundredths of one percent by weight.
39-06.1-10.1. Alternative disposition - Driver training course - Exceptions.
A person issued a summons or notice to appear under section 39-07-07 may appear before
the court and elect to attend a driver training course approved by the director in lieu of entry of
points on the licensee's driving record. A person who elects to attend the course must so notify
the court at the time of posting the bond, which is forfeited even though an election is made
under this section. The person who makes the election shall pay the driver training course fee to
the driver training course sponsor. When a person elects to attend the course, the point penalty
of five points or fewer as provided for the violation by section 39-06.1-10 may not be assessed;
provided, that proof of completion of the course is presented to the department within thirty days
after the person notifies the court of the election. A person may not make an election under this
section if:
1. That person has made an election under this section within the twelve months
preceding the date of issuance of the summons or notice to appear;
2. The offense is assigned six or more points; or
3. The offense is an offense listed in section 39-06.1-05.
A person making an election under this section forfeits any point reduction option under section
39-06.1-13.
39-06.1-11. Temporary restricted license - Ignition interlock device.
1. Except as provided under subsection 2, if the director has suspended a license under
section 39-06.1-10 or has extended a suspension or revocation under section
39-06-43, upon receiving written application from the offender affected, the director
may for good cause issue a temporary restricted operator's license valid for the
remainder of the suspension period after seven days of the suspension period have
passed.
2. If the director has suspended a license under chapter 39-20, or after a violation of
section 39-08-01 or equivalent ordinance, upon written application of the offender the
director may issue for good cause a temporary restricted license that takes effect after
thirty days of the suspension have been served after a first offense under section
39-08-01 or chapter 39-20. The director may not issue a temporary restricted license
to any offender whose operator's license has been revoked under section 39-20-04 or
suspended upon a second or subsequent offense under section 39-08-01 or chapter
39-20, except that a temporary restricted license may be issued for good cause if the
offender has not committed an offense for a period of two years before the date of the
filing of a written application that must be accompanied by a report from an appropriate
licensed addiction treatment program or if the offender is participating in the drug court
program and has not committed an offense for a period of three hundred sixty-five
days before the date of the filing of a written application that must be accompanied by
a recommendation from the district court. The director may conduct a hearing for the
purposes of obtaining information, reports, and evaluations from courts, law
enforcement, and citizens to determine the offender's conduct and driving behavior
during the prerequisite period of time. The director may also require that an ignition
interlock device be installed in the offender's vehicle.
3. The director may not issue a temporary restricted license for a period of license
revocation or suspension imposed under subsection 5 of section 39-06-17 or section
39-06-31. A temporary restricted license may be issued for suspensions ordered under
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4.
5.
subsection 7 of section 39-06-32 if it could have been issued had the suspension
resulted from in-state conduct.
A restricted license issued under this section is solely for the use of a motor vehicle
during the licensee's normal working hours and may contain any other restrictions
authorized by section 39-06-17. Violation of a restriction imposed according to this
section is deemed a violation of section 39-06-17.
If an offender has been charged with, or convicted of, a second or subsequent
violation of section 39-08-01 or equivalent ordinance and the offender's driver's license
is not subject to an unrelated suspension or revocation, the director shall issue a
temporary restricted driver's permit to the offender only for the purpose of participation
in the twenty-four seven sobriety program upon submission of proof of financial
responsibility and proof of participation in the program by the offender. If a court or the
parole board finds that an offender has violated a condition of the twenty-four seven
sobriety program, the court or parole board may order the temporary restricted driver's
permit be revoked and take possession of the temporary restricted driver's permit. The
court or the parole board shall send a copy of the order to the director who shall record
the revocation of the temporary restricted driver's permit. Revocation of a temporary
restricted driver's permit for violation of a condition of the twenty-four seven sobriety
program does not preclude the offender's eligibility for a temporary restricted driver's
license under any other provisions of this section.
39-06.1-12. Completion of suspension - Reduction of point total.
When a licensee completes a period of suspension ordered pursuant to section 39-06.1-10
or as ordered or recommended by a court of competent jurisdiction, the licensing authority shall
reduce the point total shown on the licensee's driving record to eleven points. Thereafter,
suspension must be ordered when that licensee's point total again reaches twelve or more
points.
39-06.1-13. Reduction of point total - Other methods.
1. The licensing authority shall reduce the point total shown on any licensee's driving
record by one point for each three-month period during which no points are recorded
against the licensee's driving record for a moving violation or a violation listed in
paragraphs 12 through 16 of subdivision a of subsection 3 of section 39-06.1-10. The
three-month period must be calculated from the date of entry of the last points against
that licensee's driving record.
2. The point total shown on a licensee's driving record must, during any twelve-month
period, be reduced by three points when the licensee mails or delivers a certificate to
the licensing authority indicating successful completion of instruction in a driver
training course approved by the licensing authority. Successful completion of
instruction must be certified to by the sponsoring agency or organization of the driver
training course. The reduction in points authorized by this subsection must only be
from a point total accumulated prior to completion of the necessary hours of driver
training instruction, and may not exceed nine points during any three-year period
commencing on the date of entry of the last points against the person's driving record.
If on the date the licensing authority receives the certificate of completion of the driver
training course from the licensee, that licensee's driving record contains twelve or
more points or, as a minor, the licensee's driving record contains six points or more,
the point reduction authorized by this subsection must be applied only after the period
of suspension or cancellation required by the number of points then on the driver's
record has been served.
39-06.1-14. Failure to surrender license.
The director shall extend the period of revocation in all cases that involve a time period,
within this title, when the person whose license or permit has been revoked fails to surrender
such license or permit within forty-eight hours after delivery of the order of revocation. Such
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period of revocation must be extended by one day for each day such person fails to surrender
such license. Delivery of the order must be deemed to have occurred seventy-two hours after
the order is mailed by regular mail to the address of record in the department under section
39-06-20.
39-06.1-15. Diplomatic immunities and privileges.
1. This section applies only to an individual who displays a driver's license issued by the
United States department of state to a law enforcement officer or who otherwise claims
immunities or privileges under chapter 6 of title 22 of the United States Code with
respect to the individual's violation of any law or ordinance that relates to the operation
of a motor vehicle.
2. If a driver who is subject to this section is stopped by a law enforcement officer who
has probable cause to believe that the driver has committed a violation, the law
enforcement officer shall record all relevant information from any driver's license or
identification card, including a driver's license or identification card issued by the
United States department of state; as soon as practicable contact the United States
department of state office in order to verify the driver's status and immunity, if any; and
forward the following to the bureau of diplomatic security office of foreign missions of
the United States department of state:
a. A vehicle accident report, if the driver was involved in a vehicle accident;
b. A copy of the citation or other charging document if a citation or other charging
document was issued to the driver; and
c. A written report of the incident if a citation or other charging document was not
issued to the driver.
3. This section does not prohibit or limit the application of any law to a criminal or motor
vehicle violation by an individual who has or claims immunities or privileges under
title 22 of the United States Code.
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