2017 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" means an ordinance of a city, state, or other jurisdiction which
is comparable to the cited statute and defines essentially the same offense, even if the
language of the ordinance differs or procedural points or methods of proof differ.
3. "Official" means a municipal judge or a magistrate or other qualified individual
appointed by the presiding judge of the judicial district to serve for all or part of the
judicial district.
4. "Points" means the number of demerits assigned to particular types of traffic violations.
39-06.1-02. Traffic violations noncriminal - Exceptions - Procedures.
1. An individual 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.
a. The individual may appear before the designated official and pay the statutory fee
for the violation charged at or before the time scheduled for a hearing.
b. If the individual has posted bond, the individual may forfeit bond by not appearing
at the designated time.
2. If the individual 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 and the
individual cited shall indicate on the envelope or citation whether a hearing is
requested. If the individual 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 individual
requests a hearing, the court for the county in which the citation is issued shall issue a
summons to the individual requesting the hearing notifying the individual of the date of
the hearing before the designated official in accordance with section 39-06.1-03.
3. Upon appearing at the hearing scheduled in the citation or otherwise scheduled at the
individual's request, the individual may make a statement in explanation of the
individual's action. The official may at that time waive, reduce, or suspend the statutory
fee or bond, or both. If the individual cited follows the foregoing procedures, the
individual is deemed to have admitted the violation and to have waived the right to a
hearing on the issue of commission of the violation.
4. The bond required to secure appearance must be identical to the statutory fee
established by section 39-06.1-06.
5. Within ten days after forfeiture of bond or payment of the statutory fee, the official
having jurisdiction over the violation shall certify to the director:
a. Admission of the violation; and
b. 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.
6. Under this section a citing police officer may not receive the statutory fee or bond.
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.
39-06.1-03. Administrative hearing - Procedures - Appeals - Stay orders.
1. An individual cited for a traffic violation, other than an offense listed in section
39-06.1-05, who does not follow one of the procedures in section 39-06.1-02, may
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request a hearing on the issue of commission of the charged violation. The hearing
must be held at the time scheduled in the citation, at the time scheduled in response to
the individual's request, or at some future time, not to exceed ninety days later, set at
that first appearance.
At the time of a request for a hearing on the issue of commission of the violation, the
individual charged shall deposit with the official having jurisdiction an appearance bond
equal to the statutory fee for the charged violation.
If an individual 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 charged
violation and appears at the time scheduled for the hearing, and the prosecution does
not appear or is not ready to prove the commission of a charged violation at the
hearing, the official shall dismiss the charge.
If the official finds that the individual had committed the traffic violation, the official shall
notify the director of that fact, and whether the individual 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 an individual 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
individual's operator's license.
a. An individual may not appeal a finding from a district judge or magistrate that the
individual committed the violation. If an individual is aggrieved by a finding in the
municipal court that the individual committed the violation, the individual 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 individual is again found to have
committed the violation, there is 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 director upon receipt of that
report.
b. The appellate court upon application by the appellant may:
(1) Order a stay of any action by the director 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 director 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 director may charge a fee of three dollars. Any order
granting a stay or a temporary certificate must be immediately forwarded by the
clerk of court to the director, who 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. An individual who violates or exceeds the
restrictions contained in any temporary restricted driving certificate issued under
this subdivision is guilty of a traffic violation and must be assessed a fee of twenty
dollars.
c. If the individual charged is found not to have committed the violation by the
appellate court, the clerk of court shall report that fact to the director immediately.
Unless the appropriate state's attorney consents to prosecute the appeal, if an
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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 appropriate, must prove the commission of a charged violation
at the hearing or appeal under this section by a 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.
39-06.1-04. Failure to appear, pay statutory fee, post bond - Procedure - Penalty.
If an individual fails to choose one of the methods of proceeding in section 39-06.1-02 or
39-06.1-03, the individual is deemed to have admitted to commission of the charged violation,
and the official having jurisdiction shall report the admission to the director 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 is deemed an admission of commission of the charged violation.
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 an unsafe vehicle in violation of subsection 2 of section 39-21-46.
8. 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 under 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 twenty dollars
except for a violation of any traffic parking regulation on any state charitable or penal
institution property or on the state capitol grounds, a fee in the amount of five dollars,
excluding a violation of subsection 11 of section 39-01-15.
2. For a moving violation as defined in section 39-06.1-09, a fee of twenty dollars, except
for:
a. A violation of section 39-10-26, 39-10-26.2, 39-10-41, or 39-10-42, 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, section 39-08-23, or section
39-08-25, a fee of one hundred dollars.
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8.
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 five hundred dollars.
i. A violation of section 39-09-01, a fee of thirty dollars.
j. A violation of section 39-09-01.1, a fee of thirty dollars.
k. A violation of section 39-10-46 or 39-10-46.1, a fee of one hundred dollars.
l. A violation of subsection 1 of section 39-08-20, one hundred fifty dollars for a first
violation and three hundred dollars for a second or subsequent violation in three
years.
For a violation of section 39-21-44 or a rule adopted under that section, a fee of two
hundred fifty dollars.
Except as provided in subsections 5 and 7, 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
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 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
d. 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, a fee of 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.
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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 director.
The director shall prepare notification forms and a temporary operator's permit under
section 39-20-03.1 or 39-20-03.2 to be delivered to the charged individual with the uniform
traffic summons and complaint under section 29-05-31. The notification forms must contain
language, approved by the attorney general, informing an individual charged with a traffic
violation, other than offenses listed in section 39-06.1-05, of the procedures available to that
individual under sections 39-06.1-02 and 39-06.1-03 and informing an individual who refuses a
chemical test or onsite screening test under chapter 39-20 or who, on taking a chemical test, is
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 contain a schedule of points to be charged
against an individual'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 this
chapter. A notification form separate from the uniform traffic summons and complaint may be
delivered to an individual 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 4 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, 39-06-14.1, 39-06-16, 39-08-20, 39-08-23, 39-08-24, 39-08-25, 39-09-01, 39-09-01.1,
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, 39-21-45.1, 39-24-02, or 39-24-09, except subdivisions b and c of
subsection 5 of section 39-24-09, 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, section 39-21-44, and subsections 2 and 3 of section 39-21-46, and 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 - Director duties - Hearings - Demerit
schedule - Suspension.
1. If a report of a conviction of a traffic offense, or admission or adjudication of a traffic
violation is received by the director, the director shall proceed to enter the proper
points on the licensee's driving record, unless the points assigned to the violation are
two or less. If the 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 is not available to the public. Points from a violation in which the
points are two or less are considered a part of the driving record for the sole purpose
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3.
of point reduction under section 39-06.1-13 and for purposes of license suspension. If
the driving record shows that the licensee has accumulated a total of twelve or more
points, assigned on the basis of the schedule contained in subsection 3, the director
shall notify the licensee of the director's intention to suspend the operator's license
under section 39-06-33. For the purposes of this chapter, the director also may receive
and act on reports of traffic offense convictions forwarded by federal, military, and tribal
courts in this state.
If the director confirms, after hearing or opportunity for hearing, that the licensee's
driving record has an accumulated point total of twelve or more points, the director
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
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
(13) Exhibition driving in violation of section 39-08-03.1, or
3 points
equivalent ordinance
(14) Failing to yield right of way in violation of
2 points
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
(15) Disobeying an official traffic-control device
2 points
in violation of section 39-10-04, 39-10-05, or
39-10-07, or equivalent ordinances
(16) Driving on wrong side of road in violation of
2 points
section 39-10-08, 39-10-14, or 39-10-16, or
equivalent ordinances
(17) Failing to dim headlights in violation of section
1 point
39-21-21, or equivalent ordinance
(18) Failing to stop at railroad crossing in violation of section
3 points
39-10-41 or 39-10-42, or equivalent ordinances
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(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
(28)
(29)
(30)
(31)
(32)
(33)
(34)
(35)
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,
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
1-5
6 - 10
11 - 15
16 - 20
21 - 25
26 - 30
31 - 35
36 +
Failing to have a minor in a child restraint system
or seatbelt in violation of section 39-21-41.2
Failure or refusal to comply with rules of the
superintendent of the highway patrol in violation
of subsection 3 of section 39-21-46
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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
Points
0
1
3
5
7
10
12
15
1 point
0 points
(36)
4.
Violation of section 39-21-44 or any rule adopted
2 points
under that section
(37) Except as provided in paragraph 39, operating a motor
6 points
vehicle without liability insurance, in violation of
section 39-08-20
(38) Except as provided in paragraph 39, 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
(39) 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
(40) Driving a modified motor vehicle in violation of section
1 point
39-21-45.1, or equivalent ordinance
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 of subdivision a,
2 points
knowingly operating an unsafe vehicle in violation of
section 39-21-46, or equivalent ordinance
(8) Fleeing in a motor vehicle from a peace officer in
24 points
violation of section 39-10-71, or equivalent ordinance
(9) 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
(10) Driving in violation of the conditions of an instruction
2 points
permit
a. If the director is informed by a court that an individual 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
individual's operator's license 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.
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b.
5.
6.
7.
8.
9.
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 must be
suspended and may be restored only after that individual 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 an
individual for violating section 39-08-01, the director, in suspending the individual's
operator's license, shall 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 under 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 director shall maintain records on all violators regardless of
licensure. 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, 39-08-01.2, or
39-08-01.4 or equivalent ordinance is:
a. Ninety-one days if the operator's record shows the individual has not violated
section 39-08-01 or equivalent ordinance within the seven years preceding the
last violation.
b. One hundred eighty days if the operator's record shows the individual has not
violated section 39-08-01 or equivalent ordinance within the seven 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 individual has
once violated section 39-08-01 or equivalent ordinance within the seven years
preceding the last violation.
d. Two years if the operator's record shows the individual has at least once violated
section 39-08-01 or equivalent ordinance within the seven years preceding the
last violation and the violation was for an alcohol concentration of at least
eighteen one-hundredths of one percent by weight.
e. Two years if the operator's record shows the individual has at least twice violated
section 39-08-01 or equivalent ordinance within the seven years preceding the
last violation.
f. Three years if the operator's record shows the individual has at least twice
violated section 39-08-01 or equivalent ordinance within the seven years
preceding the last violation and the violation is for an alcohol concentration of at
least eighteen one-hundredths of one percent by weight.
If an individual has a temporary restricted driver's license with the restriction the
individual participates in the twenty-four seven sobriety program under chapter 54-12,
the individual may operate a motor vehicle during the suspension periods under this
section.
39-06.1-10.1. Alternative disposition - Driver training course - Exceptions.
1. An individual 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. An individual who
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2.
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 individual
who makes the election shall pay the driver training course fee to the driver training
course sponsor. If an individual elects to attend the course, the point penalty of five
points or fewer for the violation by section 39-06.1-10 may not be assessed if proof of
completion of the course is presented to the department within thirty days after the
individual notifies the court of the election. An individual may not make an election
under this section if:
a. That individual has made an election under this section within the twelve months
preceding the date of issuance of the summons or notice to appear;
b. The offense is assigned six or more points; or
c. The offense is an offense listed in section 39-06.1-05.
An individual 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 or 3, 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 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, but if the offender is participating in the twenty-four seven sobriety
program under chapter 54-12, the director may issue a temporary restricted license
that takes effect after fourteen days of the suspension have been served if the driver is
not subject to any unrelated suspension or revocation.
3. 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 in accordance with subsection 7 if the
offender is participating in the twenty-four seven sobriety program under chapter 54-12
or if the offender has not committed an offense for a period of one year before the date
of the filing of a written application. The application must be accompanied by:
a. Proof of financial responsibility and a report from an appropriate licensed
addiction treatment program and, if prescribed, proof of compliance with
attendance rules in an appropriate licensed addiction treatment program; or
b. If the offender is participating in the drug court program or other court-ordered
treatment or sobriety program, a recommendation from the district court.
4. For a temporary restricted license under subsection 3, 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 require that an ignition
interlock device be installed in the offender's vehicle and may require the applicant to
submit proof of attendance at a driver training course approved by the director.
5. The director may not issue a temporary restricted license for a period of license
revocation or suspension imposed under section 39-06-31. A temporary restricted
license may be issued for suspensions ordered under subsection 4 of section
39-06-32 if it could have been issued had the suspension resulted from in-state
conduct.
6. a. In addition to any restrictions authorized under section 39-06-17, the director may
impose any of the following conditions upon the use of a temporary restricted
license issued under this section for the use of a motor vehicle by the offender:
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(1)
(2)
7.
To use during the licensee's normal working hours;
To use for attendance at an appropriate licensed addiction treatment
program or a treatment program ordered by a court; or
(3) To use as necessary to prevent the substantial deprivation of the
educational, medical, or nutritional needs of the offender or an immediate
family member of the offender.
b. 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, or if the offender's license is
subject to suspension under chapter 39-20 and the offender's operator's license is not
subject to an unrelated suspension or revocation, the director shall issue a temporary
restricted license to the offender upon the restriction the offender participate in the
twenty-four seven sobriety program under chapter 54-12. The offender shall submit an
application to the director for a temporary restricted license along with submission of
proof of financial responsibility and proof of participation in the twenty-four seven
sobriety program to receive a temporary restricted license.
39-06.1-12. Completion of suspension - Reduction of point total.
If a licensee completes a period of suspension ordered under section 39-06.1-10 or as
ordered or recommended by a court of competent jurisdiction, the director shall reduce the point
total shown on the licensee's driving record to eleven points. A suspension must be ordered if
that licensee's point total again reaches twelve or more points.
39-06.1-13. Reduction of point total - Other methods.
1. The director shall reduce the point total shown on any licensee's driving record by one
point for each three-month period during which points are not 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 director indicating successful completion of instruction in a driver training course
approved by the director. Successful completion of instruction must be certified to by
the sponsoring agency or organization of the driver training course. The reduction in
points under this subsection must be solely from a point total accumulated before
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 individual's driving record. If on the date the director 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 under this subsection must be
applied after serving the period of suspension or cancellation required by the number
of points on the licensee's record.
39-06.1-14. Delivery of license revocation.
Delivery of the order of revocation is 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 an operator's license issued by
the United States department of state to a police officer or who otherwise claims
immunities or privileges under chapter 6 of title 22 of the United States Code with
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2.
3.
respect to the individual's violation of any law or ordinance that relates to the operation
of a motor vehicle.
If a driver who is subject to this section is stopped by a police officer who has probable
cause to believe that the driver has committed a violation, the police officer shall
record all relevant information from any operator's license or identification card,
including an operator'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.
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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