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Non-Criminal Citations


Section I

If you are charged with a NONCRIMINAL traffic violation, you must choose one of these two options:

OPTION 1 - If you do not want a hearing or court appearance to contest your citation, you may post and forfeit the statutory bond/fee in the amount noted on this citation. The statutory bond/fee must be paid to the court of the county of which the citation was issued, in person, online, or by mail, no later than 14 days after you received this citation. By choosing this option, you will be deemed to have committed the violation and to have waived your right to a hearing to contest the citation.

OPTION 2 - If you want to appear in court and have a hearing to contest the citation, you must date and sign the REQUEST FOR HEARING on your copy of this citation. You must return your copy of the citation with the signed REQUEST FOR HEARING to the court of the county in which the citation was issued AND post the statutory bond/fee with the court, in person or by mail, within 14 days after you received this citation. The court will notify you of the hearing date.

If you fail to choose one of these two options, you will be deemed to have admitted the violation and waived your right to a hearing. In addition, your operator's license may be suspended. Failure to appear, without paying the statutory fee or posting and forfeiting bond, is a Class B Misdemeanor.


Section II

If you are charged with a CRIMINAL traffic violation, you must appear in court on the date and at the time noted on the summons-promise to appear on your copy of the citation.


Section III

If you are aggrieved by the findings against you, you may appeal to the District Court for trial by the court.

  1. The appeal does not stay the reporting of the violation or any action by the Driver License Division.
  2. The District Court may order a stay or order the issuance of a temporary restricted drivers license, upon application, if accompanied by a certified copy of the driving record of the appellant.

Section IIII

Amount of statutory bond-fees. The fees required for a non-criminal disposition pursuant to either NDCC Section 39-06.1-02 or Section 39-06.1-03, the listed NDCC sections or equivalent ordinances shall be as follows:

  1. Violations requiring $500 fee: NDCC 39-21-46(3) operating vehicle: after driver placed out-of-service; with 10 or more out-of-service defects; or prior to repair, 39-10-26(2), 39-10-59
  2. Violations requiring $250 fee: NDCC 39-21-44, or rule violations; NDCC 39-21-46(3) false reoord of duty status/log book; operating vehicle with 7-9 out-of-service defects.
  3. Violations requiring $100 fee: NDCC 39-01-15, 39-04-37, 39-08-03.1 (2a,c), 39-08-25, 39-10-46 and 39-10-46.1, 39-10-74, 39-12-02(1 ), 39-12-04(1 ), 39-21-46(3) driving excess hours; duty status/log book violations; operating vehicle with 4-6 out-of-service defects.
  4. Violations requiring $50 fee: NDCC 39-19-03, 39-10-05, 39-10-28(1), 39-10-41, 39-10-42, 39-08-09, 39-08-18, 39-24-11, 39-08-03.1(2b), 39-10-26(2), 39-10-50.1 for violations of NDCC 39-21-46(3) not listed in 1, 2, or 3 above.
  5. Violations requiring $40 fee: NDCC 39-10-44, 39-10-24
  6. Violations requiring $30 fee: NDCC 39-09-01 and 39-09-01.1.
  7. Violations requiring $25 fee: NDCC 39-21-41.2.
  8. Violations requiring $20 fee: NDCC 39-06.1-08, 39-06.1-09, 39-21-41.4, 39-06-17(4).
  9. Violations requiring not less than $10 nor more than $30: NDCC 39-09-01. 1.
  10. Violations requiring $10 fee: NDCC 39-06.1-08, 39-21-09.
  11. Violations requiring $5 fee: NDCC 39-01-15(6), 39-06.1-06(7).
  12. Violations of NDCC 39-09-02(1 )(b), 39-09-02(2) a fee of $80 for 1-10 mph over the posted speed and $80 plus two dollars for each additional mph over 10 mph over the limit, unless a greater fee applies under 39-06.1-06.
  13. Violations of NDCC 39-09-02(1): Fee and Point Schedule for Speeding
  14. Violations requiring a $100 fee: NDCC 39-08-23 prohibits the use of a wireless communications device while driving.
  15. Violations requiring a $250 fee: NDCC 39-10-21.1 entering closed road prohibited.
  16. Violations requiring a $150 fee for a first violation and $300 for a second or subsequeri violation: NDCC 39-08-20 Driving without liability insurance

Section V

Driving license or privileges shall be suspended upon an accumulation of 12 points for a period of 7 days for each point over 11. For drivers under the age of 18, driving license or privileges will be canceled upon an accumulation of 6 or more points. Points are assigned according to Section IV, No. 12 and the following schedule: FOR VIOLATIONS NOT LISTED, NO POINTS ARE ASSIGNED

POINTS
1 Operator/Responsible party failing to provide child restraint device
1 Failing to display license plates/tabs
1 Unlawfully parking in specified prohibited places
1 Leaving motor vehicle improperly unattended on an open highway
1 Opening or leaving motor vehicle doors open when unsafe to do so
1 Nonmoving violation of parking in a space assigned for the mobility impaired
1 Failing to dim head lamps
1 Driving a modified motor vehicle
2 Violating hazardous material regulations
2 Knowingly operating an unsafe vehicle
2 Improperly operating or unlawfully carrying passengers or packages on a motorcycle
2 Improperly operating a motorcycle in laned traffic
2 Carrying a passenger on a motorcycle not equipped with passenger footrests
2 Operating a motorcycle without protective headgear
2 Permitting unauthorized minor or person to drive
2 Unlawfully stopping, standing, or parking on an open highway
2 Driving in violation of the conditions of an instruction permit
2 Causing accident w/emergency vehicle
2 Knowingly driving with defective, non-existent or unlawful equipment
2 Knowingly driving with defective brakes
2 Disregarding lawful command of police officer
2 Overtaking where prohibited or unlawful
2 Driving on wrong side of road
2 Failing to yield right-of-way
2 Failing to use care required
2 Disobeying traffic control signals
2 Failing to yield right-of-way to funeral procession
2 Open container (Driver)
3 Exhibition driving on highway
3 Violating corrective lens restriction
3 Failing to stop at RR Crossing
4 Violating or exceeding restriction contained in a restricted certificate or license
4 Clinging to other vehicle while riding a motorcycle
4 Operating a motor vehicle without a license
6 Overtaking a school bus
6 Failing to give immediate notice of accident
6 Careless driving (Basic rule)
6, 12, or 14 No Liability Insurance
8 Reckless driving
10 Racing in a motor vehicle on a highway
12 Aggravated reckless driving
14 Leaving the scene of accident involving property damage
18 Leaving the scene of accident involving injury or death
24 Fleeing from law enforcement officer in a motor vehicle