North Dakota Traffic Violations

Traffic violations are offenses committed while operating a motor vehicle. In North Dakota, these types of offenses range from noncriminal infractions (attracting fines) to misdemeanors and, in some cases, felonies.

Understanding how traffic violations operate is essential legally, in terms of rights and obligations, and financially, regarding fines, insurance, and license status. From a different angle, it helps the public, especially vehicle owners, better understand traffic regulations.

What Is Considered a Traffic Violation in North Dakota?

North Dakota’s traffic laws are codified in Title 39 of the North Dakota Century Code (NDCC). A number of minor moving violations are handled as noncriminal offenses under Chapter 39-06.1 of the NDCC. On the other hand, serious crimes such as DUI, reckless driving, and hit-and-run are prosecuted in trial courts and qualify as an infraction under NDCC 39-07-06.

In North Dakota, driving under the influence (DUI) (39-08-01), reckless driving (39-08-03), and leaving the scene of a crash with injury or property damage (39-08-04 to 39-08-06) are types of criminal traffic offenses.

Types of Traffic Violations in North Dakota

The following are the types of moving violations in North Dakota:

• Speeding.Chapter 39-09 defines the act of driving at unreasonable speeds in school zones, construction areas, and during bad weather as criminal traffic offenses.
• Running a red light or stop sign. A failure to comply with traffic-control devices and signal rules is classified as a traffic violation in Chapter 39-10 (39-10-04 and 39-10-05) of the North Dakota Century Code.
• Driving without a license. A vehicle owner is required to obtain a driver's license before operating a vehicle. Anyone found guilty commits an offense against the rules of operation outlined in Chapter 39-06-01 of the NDCC.
• Driving without liability insurance. Operating a vehicle without mandatory liability insurance is prohibited under section 39-08-20. Courts and the Department of Transportation (DOT) may impose fines, suspensions, and sanctions.
• Reckless driving. The rules guiding the operation of a vehicle in willful or wanton disregard for the rights or safety of others are outlined in Section 39-08-03.
• Hit and run (leaving the scene). One of the lawful duties of a driver includes providing information and assistance after a crash. The penalties for violating this law are set forth in Sections 39-08-04through 39-08-06 of the North Dakota Century Code (NDCC).
• Failure to yield. Chapter 39-10 governs right-of-way violations, including failure to yield to pedestrians and emerging vehicles.
• Distracted driving/device use. The use of a wireless device while driving is prohibited under Section 39-08-23. Likewise, Section 39-08-25 of the North Dakota Century Code addresses the failure to maintain control of a vehicle, while Section 39-08-24 prohibits individuals under 18 years of age from using a phone to text or call while driving, except in emergencies.

Traffic Violation Penalties in North Dakota

The following are the enforcement measures and penalties imposed for traffic-related offenses in North Dakota:

• Fines & fees: Speeding and other noncriminal moving violations come with fixed fines. If violations occur in school and construction zones, they carry enhanced penalties. The rules are covered in Sections 39-09 and 39-06.1 of the North Dakota Century Code with recent legislative updates regarding fees.
• License points: North Dakota uses a point system to monitor moving violations. A driver risks the suspension of driving privileges when they accumulate 12 points or more. In addition, seven days are added to each point over 11. In North Dakota, drivers under the age of 18 may have their license cancelled when they accumulate 6 points or more.

In addition, if no new violations occur, one point is removed every 90 days. Drivers are allowed to enroll in a state-approved defensive driving course once every 12 months to eliminate 3 points from their driving record.

Alternatively, if an individual receives 5 points or fewer on their citations, they may take a defensive driving course instead of adding those points to their driving record.

• Insurance impacts: In most cases, convictions and points raise premiums, and insurers focus on the latest violations when calculating them.
• Serious or repeat offenses: Factors that increase penalties include both the severity and prior offenses (habitual). North Dakota imposes mandatory minimums that escalate with prior offenses. In DUI cases, longer suspensions and enrollment in a 24/7 Sobriety Programs are mandatory for repeat offenders. A first offense attracts a minimum of a $500 or $750 fine, including 2 days of jail time if BAC ≥ 0.16. Depending on the BAC level, an administrative license suspension may be imposed for a period of 91 to 180 days. For repeat offenders, the court imposes mandatory jail time, longer suspensions, and sobriety monitoring.

How to Search for Traffic Violation Records in North Dakota

In North Dakota, individuals may access traffic violation records through various authorized channels, based on the type of record sought:

Court case information (tickets & dockets): The North Dakota Supreme Court’s District Court Case Search portal is the official online platform for looking up criminal, traffic, civil, and some municipal cases. Individuals may search by name, citation, or case number. The public has access to the case status, court calendars, and final dispositions.

Also, there are options for individuals to make payments for fines. Although not all municipal court cases are available on this portal, you may contact the clerk of court where the ticket was filed to view the desired record.

Driving records (NDDOT).

• Limited driving record: This may be retrieved online and indicates the current point total and recent violations. It provides limited information; as a result, violation records older than three years and crash data are not included.
• Complete driving record (driver abstract): This contains records about crash histories and older violations. They are available by mail by submitting Form SFN 51386 alongside a nominal $3 fee. Additional details regarding the ordering process are available via the online driver record system.

Typical information included. Court dockets provide details such as the case number, charges and statutes, timeline of events, and final disposition. A driver abstract shows your license status, total points, convictions (depending on whether it is a limited or full report), suspensions, and crash information (complete record).

Third-party sites. Commercial third-party sites offer background check services or avenues for case lookup. Nevertheless, officialsources are more reliable and provide up-to-date information.

How Long Do Traffic Violations Stay on Record in North Dakota?

Traffic-related records in North Dakota do not share a uniform expiration date, as their duration varies depending on the category:

• Points System: In North Dakota, points drop by 1 every 90 days (a rolling timeframe) if there are no new violations. Drivers may enroll in a defensive driving course once every 12 months. This reduces 3 points from the total during this period, and a suspension may be imposed when you accumulate at least 12 points or more. In addition, a minor's license may be revoked upon accumulating 6 points or more.
• Driving records: They may be retrieved online, but exclude violations older than three years and crash data (they provide limited information). On the contrary, a complete record is an official and comprehensive record that includes older convictions and crash history.
• Commercial drivers: Certain violations, such as speeding, reckless driving, and texting, remain on a Commercial Driver’s License (CDL) record for 4 years. They are used by the Department of Transportation (DOT) for regulatory and enforcement purposes.
• Sealing/removal from public view:
  • DUI records may be sealed after 7 years if there are no new criminal convictions. Although a court order is required, which directs the DOT to seal such record(s) unless federal CDL rules prohibit it.
  • Other criminal traffic convictions may be petitioned for sealing under Chapter 12-60.1. In general, it takes 3 years for misdemeanors and 5 years for felonies, provided there are no new convictions. Nonetheless, these are subject to court approval and exceptions.