39-06.1 Disposition of Traffic Offenses

Statutes > North Dakota Statutes > Chapter 39 Motor Vehicles > 39-06.1 Disposition of Traffic Offenses

Loading PDF...

CHAPTER 39-06.1DISPOSITION OF TRAFFIC OFFENSES39-06.1-01. 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 personcited, 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 ahearing, 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 hearingscheduled 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; and2.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. Theclerk of court shall notify the parent or guardian of any juvenile appearing before the court on aPage No. 1traffic 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.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 appealunder 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.Page No. 2An 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 thissubdivision 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.c.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.6.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.7.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. Ifa 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 39-06.1-02and 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.Page No. 37.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 dispositionpursuant 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:a.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, 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.3.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 limitFee1 - 5$ 56 - 10$ 5 plus $1/each mph over 5 mph over limit11 - 15$ 10 plus $1/each mph over 10 mph over limit16 - 20$ 15 plus $2/each mph over 15 mph over limit21 - 25$ 25 plus $3/each mph over 20 mph over limit26 - 35$ 40 plus $3/each mph over 25 mph over limit36 - 45$ 70 plus $3/each mph over 35 mph over limit46 +$100 plus $5/each mph over 45 mph over limit4.For a violation of section 39-09-01, or an ordinance defining careless driving, a fee of thirty dollars.5.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.6.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.7.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 overPage No. 4lawful speed limitFee1 - 10$2/each mph over limit11 +$20 plus $5/each mph over 10 mph over limit8.For a violation of section 39-21-41.4, a fee not to exceed twenty dollars.9.For a violation of section 39-21-44 or a rule adopted under that section, a fee of two hundred fifty dollars.10.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; andd.All other violations of motor carrier safety rules adopted under subsection 3 of section 39-21-46, fifty dollars.11.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.12.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.13.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 licensingauthority 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 statutoryPage No. 5fees 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 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 and39-06.1-13, 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, 39-09-04.1, 39-09-09, subsection 1 of section 39-12-02, sections 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 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 anaccumulated 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.Twelve7 daysb.Thirteen and above7 days for each point over elevenPage No. 6Surrender 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 double0 pointsparking in violation of city ordinances(2)Failure to display1 pointlicense plates(3)Permitting unauthorized2 pointsminor to drive(4)Permitting unauthorized2 pointsperson to drive(5)Unlawful stopping,2 pointsstanding, or parking on open highway in violation of section 39-10-47(6)Unlawful parking in1 pointprohibited place(7)Leaving motor vehicle1 pointimproperly unattended on an open highway(8)Opening or leaving motor1 pointvehicle doors open when unsafe to do so(9)Except as provided2 pointsin sections 39-21-44 and 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 of6 pointssection 39-09-01, or equivalent ordinance(11)Violating or exceeding4 pointsrestrictions contained in a restricted certificate issued pursuant to section 39-06.1-03(12)Racing or drag racing10 pointsPage No. 7motor vehicles in violation of section 39-08-03.1, or equivalent ordinance(13)Exhibition driving in3 pointsviolation of section 39-08-03.1, or equivalent ordinance(14)Failing to yield right of2 pointsway 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(15)Disobeying an official2 pointstraffic-control device in violation of section 39-10-04, 39-10-05, or 39-10-07, or equivalent ordinances(16)Driving on wrong side of2 pointsroad in violation of section 39-10-08, 39-10-14, or 39-10-16, or equivalent ordinances(17)Failing to dim headlights1 pointin violation of section 39-21-21, or equivalent ordinance(18)Failing to stop at railroad3 pointscrossing in violation of section 39-10-41 or 39-10-42, or equivalent ordinances(19)Knowingly driving with2 pointsdefective brakes in violation of section 39-21-32 or 39-21-33, or equivalent ordinances(20)Disregarding the lawful2 pointscommands of a police officer in violation of section 39-10-02, or equivalent ordinance(21)Overtaking where prohibited2 pointsor in an unsafe manner in violation of section 39-10-11, 39-10-12, 39-10-13, or 39-10-15, or equivalent ordinancesPage No. 8(22)Overtaking and passing a6 pointsschoolbus in violation of section 39-10-46, or equivalent ordinance(23)Operating a motor vehicle4 pointswithout a license in violation of section 39-06-01, or equivalent ordinance(24)Improperly operating or2 pointsunlawfully carrying passengers or packages on a motorcycle in violation of section 39-10.2-02, or equivalent ordinance(25)Improperly operating a2 pointsmotorcycle in laned traffic in violation of section 39-10.2-03, or equivalent ordinance(26)Clinging to other vehicles4 pointswhile riding a motorcycle in violation of section 39-10.2-04, or equivalent ordinance(27)Carrying a passenger on a2 pointsmotorcycle not equipped with passenger footrests in violation of section 39-10.2-05, or equivalent ordinance(28)Operating a motorcycle2 pointswithout protective headgear in violation of subsection 1 of section 39-10.2-06, or equivalent ordinance(29)Failing to use the care2 pointsrequired in section 39-09-01.1, or equivalent ordinance(30)Except as provided in paragraph 33, operating a motor vehicle in excess of speed limit in violation of section 39-09-02, or equivalent ordinance6 - 10 mph over limit0 points11 - 15 mph over limit1 point16 - 20 mph over limit3 points21 - 25 mph over limit5 points26 - 35 mph over limit9 points36 - 45 mph over limit12 pointsPage No. 946 + mph over limit15 points(31)Driving in violation of2 pointssection 39-08-18(32)Driving in violation of6 pointssection 39-08-09(33)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 ordinanceMiles per hour over lawful speed limitPoints1 - 506 - 10111 - 15316 - 20521 - 25726 - 301031 - 351236 +15(34)Failing to have a minor in a child1 pointrestraint system or seatbelt in violation of section 39-21-41.2(35)Failure or refusal to comply0 pointswith rules of the superintendent of the highway patrol in violation of subsection 3 of section 39-21-46(36)Violation of section 39-21-44 or any2 pointsrule adopted under that sectionb.Criminal Violations Conviction of:Points Assigned:(1)Reckless driving in8 pointsviolation of section 39-08-03, or equivalent ordinance(2)Aggravated reckless12 pointsdriving in violation of section 39-08-03, or equivalent ordinance(3)Leaving the scene of an14 pointsaccident involving property damage in violation of section 39-08-05, 39-08-07, or 39-08-08, or equivalentPage No. 10ordinances(4)Leaving the scene of an18 pointsaccident involving personal injury or death in violation of section 39-08-04, or equivalent ordinance(5)Violating restrictions in3 pointsa restricted license issued under section 39-06-17 and relating to the use of eyeglasses or contact lenses while driving(6)Violating any restrictions4 pointsother than those listed in paragraph 5, contained in a restricted license issued under section 39-06-17 or 39-06.1-11(7)Except as provided in6 pointsparagraph 9, operating a motor vehicle without liability insurance, in violation of section 39-08-20(8)Knowingly driving a2 pointsmodified motor vehicle in violation of section 39-21-45.1, or equivalent ordinance(9)Operating a motor vehicle14 pointswithout liability insurance, 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 in2 pointsparagraph 9 of subdivision a, knowingly operating an unsafe vehicle in violation of section 39-21-46, or equivalent ordinance(11)Fleeing in a motor24 pointsvehicle from a peace officer in violation of section 39-10-71, or equivalent ordinancePage No. 11(12)Except as provided in12 pointsparagraph 9, operating a motor 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(13)Causing an accident with2 pointsan 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, or equivalent ordinance3.1.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, may not restore the operator's license to the offender 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 director may restore driving privileges to the offender 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.4.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.5.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 asoccurring seventy-two hours after proper deposit in the mails.6.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 ifPage No. 12the operator has never had an operator's license or if the operator has failed to renew the operator's license.7.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 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 person has at least twice violated section 39-08-01 or equivalent ordinance within the five years preceding the last violation.f.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 personissued 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; or3.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 directorPage No. 13may 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 temporaryrestricted 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 subsection 7 of section 39-06-32 if it could have been issued had the suspension resulted from in-state conduct.4.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 39-06-17.5.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 licenseecompletes 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.Page No. 141.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 ofinstruction 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 ofrevocation 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 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; andc.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.Page No. 15Document Outlinechapter 39-06.1 disposition of traffic offenses

Find Legal Information

North Dakota Codes and Statutes

39-06.1 Disposition of Traffic Offenses