Traffic Violations in North Dakota

In every jurisdiction of the United States, including North Dakota, laws exist to guarantee road safety and prevent traffic fatalities or injuries. However, these regulations are not always strictly adhered to due to the ignorance or negligence of road users. As such, an individual can be arrested or cited for a traffic violation.

Generally, North Dakota deems traffic violations as either criminal or non-criminal offenses. Noncriminal traffic violations are considered less severe and do not carry a potential jail sentence. They also do not result in a criminal record, however they are included in the North Dakota traffic records. Still, motorists incur other penalties such as fines, compulsory enrollment in traffic school, community service, and the suspension/revocation of a driver's license. Examples of non-criminal traffic violations include speeding, parking in restricted areas, and failure to yield right of way.

Meanwhile, criminal traffic violations are offenses that attract severe consequences. Unlike noncriminal violations, criminal violations carry heavy penalties such as an extended jail term, license revocation, and heavy fines. Examples include vehicular homicide, DUI, and driving while license suspended.

In North Dakota, the municipal and district courts preside over traffic violation cases. The municipal courts handle violations that occur within their municipalities. In contrast, the district courts have general jurisdiction over criminal and noncriminal traffic violations, as well as traffic appeals from the municipal courts.

Types of Traffic Violations in North Dakota

Traffic violations are not only categorized by their severity (criminal or noncriminal) in North Dakota. They are also classified based on the vehicle's motions at the time of an offense, i.e. if the vehicle was moving or stationary.

Non-Moving Violations

A traffic offense is a non-moving violation when it occurs while a vehicle is stationary or parked. This type of violation often entails expired/no paperwork, faulty vehicle equipment, and parking offenses. Examples include:

Parking in a no-parking zone
Overtime and double parking
Failure to provide proof of insurance
Stopping or parking in prohibited spaces (a sidewalk, public or private driveway, crosswalk, bridge, highway, within 10 feet of a fire hydrant)
Parking in a space assigned for the mobility impaired
Violating regulations against unsafe materials
Driving with broken tail lights

Moving Violations

A moving violation occurs when a motorist violates a traffic law while their vehicle is in operation. These violations usually attract more severe consequences when compared with non-moving violations. Examples of moving violations in North Dakota include:

Driving over the speed limit
Racing
Failing to yield the right of way
Driving under the influence (DUI)
Violating traffic lights and stop signs
Fleeing or evading a police officer
Following a vehicle too closely
Reckless driving
Overtaking and passing a school bus

Though not all moving violations lead to jail sentences, most result in fines (also known as bonds). Furthermore, an offender can incur points on their license.

As with most states in America, North Dakota operates a point system to track and penalize offending motorists. Based on an offense's severity, the Drivers License and Traffic Safety Division, a unit under the Department of Transportation, allocates point values to offenders. The more points assigned, the more likely it is for a driver to lose their license. Here are a few examples:

License plate violation/illegal parking (1 point)
Failure to yield the right of way (2 points)
Reckless driving (8 points)
Racing (10 points)
Leaving the scene of an accident (14 to 18 points)
Fleeing or evading a police officer (24 points)

In North Dakota, earning 12 points and above results in the suspension of a driver's license.

North Dakota Traffic Violation Code

North Dakota enacts a code (series of laws) to direct road and vehicle usage in the state and enhance safety for all road users. Under these laws, law enforcement agents, the judiciary, and the Department of Transportation (DOT) can enforce strict compliance and keep dangerous drivers off the road.

For law enforcement officers, the code helps identify traffic offenses and catch violators. Officers can issue tickets to erring drivers and, when necessary, arrest offenders. The code also allows the state's DOT to suspend, revoke, or cancel the licenses and driving privileges of defaulting drivers. Furthermore, the courts apply the code when resolving traffic cases brought before them.

North Dakota's traffic violation code is known as the North Dakota Century Code. Besides establishing the state's traffic violations and penalties, it contains provisions relating to motor vehicle registration, licensing, rules of the road, speed restrictions, commercial drivers, traffic signs, motor dealers, and more. The legislative assembly reviews and updates this code regularly.

Interested persons can also review the North Dakota Department of Transportation's NonCommercial and Commercial Driver License Manuals for information on some traffic violations and penalties.

North Dakota Felony Traffic Violations

Felonies are the most severe offenses in North Dakota. Because these violations often claim lives, cause serious bodily injury, and cause damage to properties, offenders incur harsh penalties from the courts and Department of Transportation. This includes lengthy incarceration (often more than a year), loss of driving privileges, and heavy fines. Examples of the felony violations include:

Vehicular homicide
Hit and run
Driving under the influence (when it results in loss of life)

North Dakota Traffic Misdemeanors

North Dakota traffic misdemeanors are offenses that carry a range of penalties similar to felony violations but with a different degree of severity. For example, traffic misdemeanor offenders usually serve their sentences in county jail, while felony offenders serve in state prisons. Furthermore, if a jail term is imposed for a traffic misdemeanor, it is often shorter and in addition to other sanctions, e.g., fines.

Examples of traffic misdemeanors in North Dakota include:

Driving beyond the speed limit
Hurling items at other cars
Evading law enforcement (w/physical harm)
Driving with a suspended license
Driving under the influence
Driving without proof of insurance
Reckless driving
Overtaking a school bus
Not giving immediate notice of an accident

Generally, there are two types of traffic misdemeanors that a person can be accused of in North Dakota.

Class A misdemeanors: Less than one year in jail, a fine not exceeding $3,000, or both.
Class B misdemeanors: Up to 30 days in jail, a fine not exceeding $1,500, or both

Although the class of an offense determines its penalty, the offense's circumstances also affect a person's sentence. For example, reckless driving is ordinarily a Class B misdemeanor. However, when the violation results in bodily injury, it becomes aggravated reckless driving and is treated as a Class A misdemeanor in North Dakota (NDCC § 39-08-03).

North Dakota Traffic Infractions

Traffic infractions are usually civil offenses or ordinance violations that do not require a court appearance. As such, a motorist will usually not be arrested for their offense nor sentenced to jail. Still, they must often pay a fine not exceeding $1,000 to the state and lose their driving privileges in some cases.

It is worth noting that an infraction can lead to a loss of freedom, but this typically occurs with repeat offenders and people who failed to appear in court when required. Examples of traffic infractions in North Dakota include:

Driving without a license
Failing to display vehicle registration plates
Permitting minors to drive on the highway
Opening or leaving motor vehicle doors open when unsafe to do so
Failing to dim headlamps
Distracted driving
Failing to yield the right-of-way

North Dakota Traffic Violation Codes and Fines

As noted earlier, traffic offenses have varying degrees of severity in North Dakota. As such, the punishment accorded to each violation differs.

Title 39 of the North Dakota Century Code outlines the traffic violations and their penalties, including fines. These fines may or may not be in addition to other penalties such as imprisonment and license suspension/revocation.

Like many other states, North Dakota has a list of pre-set fines (also known as bonds) for traffic violations. Usually, the law suggests a maximum fine per the offense category. For instance, traffic infractions have a maximum fine of $1,000. Meanwhile, the maximum fines for traffic misdemeanors and felonies do not exceed $3,000 and $10,000, respectively.

For example, a DUI can be prosecuted as a misdemeanor or felony in North Dakota. When it is a misdemeanor, a first-time offender may incur a fine ranging from $500 to $1,500. However, when it is an individual's second or third offense, the fine maximum is placed at $1,500 and $3,000, respectively.

When a DUI is considered a felony, it can attract up to $20,000 in fines. The fines assessed for felony DUIs are usually higher because the offenses often result in a fatality, cause serious bodily injury to someone else, or include another aggravating factor (e.g., the willful disobedience of a law/court order or a repeat offense).

How to Pay a Traffic Violation Ticket in North Dakota

In North Dakota, a ticketed motorist can pay for a traffic violation ticket online or by mail.

Online:

An individual can pay a ticket online using a credit card through the North Dakota Supreme Court Public Search website. To make a payment, one should select "State of North Dakota" from the dropdown menu and click the CriminalTraffic link.

Next, the individual should input their name or citation number into the relevant fields to retrieve the associated court case. Once the page detailing the case appears (i.e., the Register of Actions page), the party can select the "make payment" button in the upper right/lower right corner. This will redirect the individual to a page to checkout, enter their credit card information, and finish their transaction.

It should be noted that if the "make payment" button is unavailable, the ticket may not be payable online. In such cases, the affected party should contact the clerk for assistance. Furthermore, if unable to locate a traffic ticket, the ticket may not have been processed at the time of the search. Generally, tickets take four days from the date of issuance to be processed.

Mail:

To pay via mail, motorists can enclose the full ticket fine in an envelope and deliver it to the office of the municipal or district court clerk located in the county where the violation occurred. The appropriate mailing address will be indicated on one's ticket.

Irrespective of the approach an offender uses to pay a ticket in North Dakota, the law establishes a 14-day deadline to pay such a ticker. Failure to pay within this period often attracts additional penalties.

Traffic Violation Lookup in North Dakota

To look up a traffic violation case or ticket in North Dakota, interested persons can search the North Dakota Court Records Inquiry system hosted online.

When conducting this search, an individual must select a location, click CriminalTraffic, and enter a last and first name into the provided boxes. Other parameters such as a case type, date of birth, and case status can filter the search. The platform is available to the public for free. It also offers round-the-clock access to users. However, one must exercise caution when reviewing the search results or refine their search. Many records have similar names and dates of birth.

Another way to look up a traffic violation case or ticket in North Dakota is to call or visit the court presiding over the case. For tickets issued by the Highway Patrol or a sheriff's department, a district court will have jurisdiction. The presiding court will be a municipal court for tickets issued by a local police department. The court's information will usually include details about the case, the ticket fine and court costs, due dates, and means of payment.

How to Plead not Guilty to a Traffic Violation in North Dakota

To plead not guilty to a traffic violation in North Dakota, an offender must be ready to challenge their case in court. The state requires an individual pleading not guilty to first sign the ticket and pay the fine (bond) via mail before requesting a trial date. After paying the fine, the party will receive a notice informing them of the hearing date and time. The court that will try the case will be listed on the ticket.

If the court rules in favor of the motorist, the bond amount will be refunded, and the charges dismissed. However, if the opposite happens, the offender will have to face the consequences of a guilty conviction.

What Happens if You Plead No Contest to a Traffic Violation in North Dakota

In criminal cases, offenders are usually allowed to enter one of three pleas: guilty, not guilty, or no contest. A "no contest" plea, also called a "nolo contendere" plea, allows an offender to neither admit guilt nor fight the charge(s) brought against them.

However, although the United States recognizes a no contest plea, not all states of the federation permit its usage. According to Section 410 of the North Dakota Rules of Evidence (Pleas, Plea Discussions, and Related Statements), the state prohibits defendants from entering a nolo contendere plea in criminal and noncriminal proceedings. This includes traffic proceedings.

How Long Do Traffic Violations Stay on Your Record?

The severity of a traffic violation determines how long it will stay on an offender's driving record in North Dakota. For some misdemeanors (e.g., speeding), violations stay 3 years on record. For moving traffic violations where individuals under 21 were convicted, a violation stays on record for 5 years from the date of conviction. Meanwhile, the state law prescribes 7 years for DUIs committed by non-commercial drivers.

Can Traffic Violations Be Expunged in North Dakota?

In North Dakota, the expungement of criminal traffic records is available in limited circumstances, such as when an offender is a juvenile and when an offense did not lead to a conviction.

However, individuals can apply to seal their records. Unlike an expungement, sealing a record does not mean its destruction. Instead, the record will be removed from public access and only accessible if the court issues an order granting review.

Anyone who wishes to seal their criminal traffic record in North Dakota must meet the eligibility requirements, and this differs per the offense. For traffic misdemeanors, an individual must stay crime-free for at least 3 years after their release from prison or probation before petitioning the court. For felony traffic offenders, the waiting period is a minimum of 5 years.

What Happens if You Miss a Court Date for a Traffic Violation in North Dakota?

Failing to appear in court for a traffic proceeding in North Dakota often comes with dire consequences. For example, the court could issue a default judgment against the individual or a warrant for their arrest. The defaulting party could also incur additional fines and fees and have their license suspended by the Drivers License and Traffic Safety Division or other licensing authority in their state of residence.

When the failure to appear involves a noncriminal traffic violation case appealed from the municipal court to the district court, the district court will affirm the municipal court's judgment and enter it as a district court judgment. This judgment cannot be further appealed. However, the district court usually provides a 7-day window (which starts to count from the date of the missed hearing) for defendants to appear and explain why they missed their court date, provided they have a valid reason.