North Dakota demands vigilance from drivers to practice responsible driving. The state's Department of Transportation (DOT) and law enforcement agencies work together to regulate and enforce traffic laws, which promote safety for all road users.
Offenders suffer the consequences of violating the laws. These consequences may include license suspension, increased insurance premiums, and permanent marks on driving records.
North Dakota's vast rural areas present unique challenges, including wildlife crossings and extreme weather conditions. Drivers must adapt to these circumstances, staying alert and prepared for sudden changes in road conditions.
Adherence to traffic laws significantly reduces accident rates. By following speed limits, avoiding distractions, and never driving under the influence, drivers contribute to safer roads.
What Are the Major Traffic Violations in North Dakota?
North Dakota takes traffic violations seriously, categorizing the most severe offenses as felonies. Understanding these laws helps drivers appreciate the gravity of certain traffic offenses and the state's commitment to road safety.
Felony Traffic Violations in North Dakota
Felony traffic violations in North Dakota carry severe penalties and high fines, often resulting in license revocation and lengthy jail terms. The state classifies these offenses into four categories: AA, A, B, and C.
- Class AA: the most serious, life imprisonment without parole
- Class A: up to 20 years in prison and $10,000 in fines
- Class B: a 10-year sentence and up to $10,000 fines
- Class C: a 5-year term and up to $5,000 in charges
The ND courts have the discretion to impose penalties below the maximum allowed. These cases are typically heard in Municipal Courts, which are present in every North Dakota county. The severity of the offense and the defendant's criminal history often influence the final sentence.
Common felony traffic violations include:
- Hit and run (refusing to stop after a crash)
- Driving under the influence (DUI)
- Vehicular homicide due to reckless driving
Traffic Misdemeanors in North Dakota
Misdemeanor traffic violations often involve harm to human life, security, or property. It is more serious than traffic infractions. Depending on the extent of the damage or injury, some misdemeanors may be prosecuted as felonies.
These offenses may lead to jail time, probation, fines, or a combination of these penalties. The severity of the punishment depends on whether the misdemeanor is classified as Class A or Class B.
- Class A misdemeanors: $3,000 in maximum fines and up to one year in jail
- Class B misdemeanors: $1,500 in maximum fines and up to 30 days in jail
Here are some traffic misdemeanors:
- Ignoring or disobeying traffic signs
- Driving without a driver's license or certificate
- Speeding tickets
- Attempting to evade a police officer, resulting in physical harm
- Driving after the suspension of a driver's license
Traffic Infraction in North Dakota
Traffic infractions are minor offenses, and offenders can resolve them by paying fines and attending driving school. These violations are generally breaches of ordinances.
The fines for traffic infractions usually do not involve imprisonment unless the offender is a repeat violator. Multiple infractions within the same year may escalate to a Class B misdemeanor, and habitual offenders may face penalties similar to felony cases.
Examples of traffic infractions include:
- Unlawful parking
- Lending an automobile to individuals for racing on a busy highway
- Failing to comply after being flagged by a law enforcement agent
- Making an improper U-turn
- Careless vehicular operation, such as driving while using a phone
Suspended License Violations
Driving with a suspended or revoked license within the state can result in severe penalties. Depending on the number of offenses, it is classified as either a Class B or Class A misdemeanor.
A first, second, or third conviction for driving on a suspended or revoked license within five years is classified as a Class B misdemeanor. Penalties for a Class B misdemeanor include:
- Up to 30 days in jail
- A maximum fine of $1,500
Additionally, the convicted driver faces further suspension periods:
- Up to 90-day suspension for a first offense
- 180-day suspension for a second offense
- One-year suspension for a third offense
All prior convictions within the past three years are considered when determining the suspension period.
A fourth or subsequent offense within five years is classified as a Class A misdemeanor. Penalties for a Class A misdemeanor include a jail time of up to 360 days and a maximum fine of $3,000.
Moreover, the convicted driver will face an additional one-year suspension.
Speed Limits and Violations
Speed limits are strictly enforced, with three main types: absolute, basic, and posted speed limits.
Absolute Speed Limits
The absolute speed limit law is straightforward. If a sign shows a speed limit of 55 miles per hour (mph), driving faster than 55 mph is a violation. Here are the absolute speeds that drivers must follow:
- 20 mph in school zones and certain circumstances where the driver's visibility is obstructed or limited
- 25 mph in a business district highways, residential district, or public park
- 55 mph on two-lane township highways without a posted speed limit, whether loose surface, dirt, gravel, or paved
- 65 mph on paved highways with posted limit
- 70 mph on divided and paved multilane highways
- 75 mph on divided, paved, and access-controlled multilane interstate
These limits are specified in ND Century Code Section 39-09-02.
Basic Speed Limits
The basic speed limit law requires drivers to operate their vehicles at a reasonable and prudent speed under existing conditions. This means adjusting speed based on weather, traffic, and road conditions, even if the posted speed limit is higher.
Posted Speed Limits
Posted speed limits are clearly marked by road signs. They can vary depending on the area and specific conditions. Drivers must adhere to these limits, which reflect the maximum allowable speed under normal conditions. In school zones and areas with limited visibility, posted speed limits might be lower to enhance safety.
Violations and Fines
Speeding violations carry specific fines based on how much the driver exceeds the speed limit.
The fine for basic speeding violations is $30. This applies when driving faster than what is reasonable and prudent for the conditions, regardless of the posted speed limit.
Fines for exceeding the absolute speed limit of under 70 mph are tiered based on the speed by which the driver surpasses the speed limit:
- Up to 5 mph: $5
- Up to 10 mph: $5, additional $1 for every mph over five mph
- Up to 15 mph: $10, additional $1 for every mph over ten mph
- Up to 20 mph: $15, additional $2 for every mph over 15 mph
- Up to 25 mph: $25, additional $3 for every mph over 20 mph
- Up to 35 mph: $40, additional $3 for every mph over 25 mph
- Up to 45 mph: $70, additional $3 for every mph over 35 mph
- 46 mph or greater: $100, additional $5 for every mph over 45 mph
For highways with posted speed limits of over 55 mph, the tiered schedule is much simpler.
- Up to 10 mph: $2 for every mph over the speed limit
- 11 mph or greater: $20, additional $5 for every mph over ten mph
If speeding is five mph above the absolute speed limit, it has designated points of up to 15 points and will be added to a driver's record. Accumulated points of 12 or more may lead to a license suspension.
Driving Under the Influence
North Dakota law on drinking under the influence (DUI) defines "per se" alcohol concentration limits for different driver categories. The blood alcohol content (BAC) is measured in percent.
- General drivers: 0.08 percent
- Commercial Motor Vehicle (CMV) drivers: 0.04 percent
- Drivers under 21: 0.02 percent
Drivers may face DUI charges even below these limits if alcohol or drugs impair their ability to drive safely. ND Century Code Section 39-08-01 outlines regulations on substance use while driving.
Law enforcement officers assess a driver's condition through field sobriety tests and chemical analysis. Depending on the severity of the offense and prior convictions, penalties for DUI in North Dakota can include fines, license suspension, and potential jail time.
Penalties for DUI
The DUI penalties progress as offenders repeat violations. Severe consequences await those who don't seem to improve despite participating in the 24/7 sobriety program.
A first DUI offense results in a Class B misdemeanor. Offenders face a $500 fine for a BAC below .16, or two days imprisonment, and a $750 fine for a BAC of .16 or higher. License suspension ranges from 91 to 180 days, depending on BAC levels.
Second offenses within seven years equate to 10 days of jail time, a $1,500 fine, and 360 days in the sobriety program. All subsequent offenses within the specified period require offenders to participate in the program.
Third offenses within seven years lead to 120 days imprisonment, $2,000 fine, and extended probation. Fourth and subsequent offenses within 15 years become Class C felonies, resulting in over a year of imprisonment and a $2,000 fine.
A DUI conviction with a minor passenger can lead to a one-year imprisonment and a $2,000 fine. Refusing a chemical test may result in license revocation for up to three years. Meanwhile, criminal vehicular injury or homicide carries severe prison sentences.
How Does North Dakota's DMV Point System Work?
North Dakota uses a point system to track traffic violations and determine when a driver's license should be suspended or canceled. This system aims to encourage safe driving and penalizes those who repeatedly violate traffic laws.
Each traffic violation is assigned a specific number of points. Grave offense equates to higher points. Points accumulate on a driver's record over time. If an adult driver accumulates 12 or more points, their driving privilege will be suspended.
The threshold is lower for drivers under 18. If they accumulate six or more points, their driving privileges are canceled. Cancellation is more severe than suspension, as it typically requires the driver to restart the licensing process from the beginning.
Points remain on a driver's record for three years from conviction.
Here are some examples of point values:
- DUI: 12 points
- Reckless driving: 8 points
- Speeding (6-10 mph over limit): 1 point
- Failure to yield right-of-way: 2 points
- Fleeing law enforcement: 24 points
- Driving without liability insurance: 12 points
Commercial drivers (CDL holders) may face stricter penalties and lower point thresholds due to the increased responsibility of operating large vehicles.
For more information, individuals can check the complete list of points and associated violations on the ND DOT official website.
How To Reduce Violation Points?
When a driver completes a suspension period, their point total reduces to 11. If they reach 12 points again, another suspension occurs.
Offenders can reduce their traffic violation points in two ways.
The first way to reduce points is to avoid traffic convictions. One point is automatically removed every three months without new violations.
The second is completing an approved driver training course, equivalent to a three-point reduction. This reduction applies to points accumulated before the course and is limited to nine points every three years.
What Is the Process for Handling Traffic Tickets in North Dakota?
Drivers in North Dakota encounter various types of traffic tickets, including parking violations, misdemeanors, and infractions.
Parking tickets in North Dakota often result from expired meters, parking in prohibited zones, or exceeding time limits. These tickets usually carry lower fines and don't affect driving records. Cities like Fargo and Bismarck have their own parking enforcement systems.
Meanwhile, misdemeanor traffic tickets involve more serious offenses. Examples include DUI, reckless driving, and driving with a suspended license. These violations often require court appearances and can result in fines, license suspension, or even jail time.
Finally, infraction tickets cover less severe violations like speeding, running red lights, or failure to yield. These usually involve fines and may add points to a driver's record. North Dakota's point system can lead to license suspension if offenders accumulate too many points.
How To Pay a Traffic Ticket/Citation?
When a citation is issued, offenders can pay the traffic ticket fines online through the ND State Court's portal using a credit card or by mail within 14 days to the Clerk of District Court in the county of violation.
Offenders can pay traffic tickets and citations online through the state's court system website. If a case doesn't appear in the system, it may not have been processed yet, which takes up to four days from the citation date.
For cases ineligible for web payments or if users encounter issues, they should contact the Clerk of Court in the relevant city or county for assistance.
How To Contest a Citation?
Drivers contesting a citation in North Dakota must follow specific procedures. The process begins with paying the bond, signing the citation, and submitting it to the court.
The court handling the case will then send a notice to the address listed on the citation detailing the date and time of the hearing. During the hearing, the driver presents their case to challenge the ticket. The court system allows individuals to argue their position and provide evidence supporting their claim.
If the driver is not guilty based on the court's decision, they receive a full reimbursement of the bond amount paid. This system applies to traffic violations, from speeding tickets to parking infractions.
How Are Accident Reports Handled in North Dakota?
Witnesses or victims of accidents resulting in injury, death, or property damage exceeding $4000 must promptly notify the local police if within a municipality or the county sheriff or state highway patrol otherwise.
Failure to do so results in a $50 fine. The driver must provide the investigating officer with the motor vehicle insurance carrier's name and policy number.
Crashes involving undomesticated animals that result in no injury or fatality, regardless of property damage, do not need to be reported. If the driver is not the vehicle owner, the owner's insurance details must be provided.
If insurance information is not available at the scene, it must be submitted to the driver's license division within five days using the designated form.
How To Get a Crash Report?
A summary of a reportable traffic crash can be purchased online through the North Dakota Crash Report Purchase tool. If available, customers receive reports immediately. A $7 fee is charged for locating and providing each report.
To obtain a crash report, at least two of the following details are required: date of the crash, last name, or county of the crash. If this information is not available, contact the investigating law enforcement agency for assistance.
What Should Drivers Know about Traffic-Related Arrests in North Dakota?
When law enforcement suspects a violation, they may initiate a traffic arrest and conduct field sobriety tests or request a breathalyzer test. During an arrest, officers will read the Miranda rights and transport the individual to the local police station or county jail. Arrested drivers have the right to remain silent, contact an attorney, and refuse vehicle searches without a warrant.
The consequences of a traffic-related arrest can be significant. Legally, individuals may face fines, license suspension, and possible jail time. They might experience strained relationships and higher insurance rates, while professionally, they may encounter job loss or difficulties securing employment, especially in roles requiring a clean driving record.
North Dakota offers various legal resources for arrested drivers. The state's Commission on Legal Counsel for Indigents provides public defenders for those who cannot afford an attorney. After an arrest, drivers should contact a lawyer, gather evidence, and prepare for a court appearance.
North Dakota law allows for the expungement of certain traffic violations after specific periods, giving drivers a chance to clear their records. Additionally, the state's 24/7 Sobriety Program offers an alternative to license suspension for some DUI offenders, allowing them to drive legally while maintaining sobriety through regular testing.