North Dakota Code 39-06.1-10 – Entries against driving record – Director duties – Hearings – Demerit schedule – Suspension
1. If a report of a conviction of a traffic offense, or admission or adjudication of a traffic violation is received by the director, the director shall proceed to enter the proper points on the licensee’s driving record. If the driving record shows that the licensee has accumulated a total of twelve or more points, assigned on the basis of the schedule contained in subsection 3, the director shall notify the licensee of the director’s intention to suspend the operator’s license under section 39-06-33. For the purposes of this chapter, the director also may receive and act on reports of traffic offense convictions forwarded by federal, military, and tribal courts in this state.
Terms Used In North Dakota Code 39-06.1-10
- admission: means an official determination, in the manner provided by law, that a traffic violation has been committed by a named driver. See North Dakota Code 39-06.1-01
- Conviction: A judgement of guilt against a criminal defendant.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Individual: means a human being. See North Dakota Code 1-01-49
- Official: means a municipal judge or a magistrate or other qualified individual appointed by the presiding judge of the judicial district to serve for all or part of the judicial district. See North Dakota Code 39-06.1-01
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Points: means the number of demerits assigned to particular types of traffic violations. See North Dakota Code 39-06.1-01
- Rule: includes regulation. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
2. If the director confirms, after hearing or opportunity for hearing, that the licensee’s driving record has an accumulated point total of twelve or more points, the director shall suspend the licensee’s operator’s license according to the following schedule:
Accumulated Point Total: Period of Suspension:
a. Twelve 7 days b. Thirteen and above 7 days for each point over eleven 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 double parking in violation of city 0 points ordinances (2) Failure to display license plates 1 point (3) Permitting unauthorized minor to drive 2 points (4) Permitting unauthorized person to drive 2 points (5) Unlawful stopping, standing, or parking on open 2 points highway in violation of section 39-10-47 (6) Unlawful parking in prohibited place 1 point (7) Leaving motor vehicle improperly unattended on 1 point an open highway (8) Opening or leaving motor vehicle doors open when 1 point unsafe to do so (9) Except as provided in sections 39-21-44 and 2 points 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 of section 39-09-01, or 6 points equivalent ordinance (11) Violating or exceeding restrictions contained in 4 points a restricted certificate issued pursuant to section 39-06.1-03 (12) Racing or drag racing motor vehicles in violation 10 points of section 39-08-03.1, or equivalent ordinance (13) Exhibition driving in violation of section 39-08-03.1, or 3 points equivalent ordinance (14) Failing to yield right of way in violation of 2 points 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 official traffic-control device 2 points in violation of section 39-10-04, 39-10-05, or 39-10-07, or equivalent ordinances (16) Driving on wrong side of road in violation of 2 points section 39-10-08, 39-10-14, or subsection 1, 2, or 3 of section 39-10-16, or equivalent ordinances (17) Failing to dim headlights in violation of section 1 point 39-21-21, or equivalent ordinance (18) Failing to stop at railroad crossing in violation of section 3 points 39-10-41 or 39-10-42, or equivalent ordinances (19) Knowingly driving with defective brakes in violation of 2 points section 39-21-32 or 39-21-33, or equivalent ordinances (20) Disregarding the lawful commands of a police officer in 2 points violation of section 39-10-02, or equivalent ordinance (21) Overtaking where prohibited or in an unsafe manner in 2 points violation of section 39-10-11, 39-10-12, 39-10-13, or 39-10-15, or equivalent ordinances (22) Overtaking and passing a schoolbus in violation of 6 points section 39-10-46, or equivalent ordinance (23) Operating a motor vehicle without a license in 4 points violation of section 39-06-01, or equivalent ordinance (24) Improperly operating or unlawfully carrying 2 points passengers or packages on a motorcycle in violation of section 39-10.2-02, or equivalent ordinance (25) Improperly operating a motorcycle in laned traffic in 2 points violation of section 39-10.2-03, or equivalent ordinance (26) Clinging to other vehicles while riding a motorcycle in 4 points violation of section 39-10.2-04, or equivalent ordinance (27) Carrying a passenger on a motorcycle not equipped 2 points with passenger footrests in violation of section 39-10.2-05, or equivalent ordinance (28) Operating a motorcycle without protective headgear 2 points in violation of subsection 1 of section 39-10.2-06, or equivalent ordinance (29) Failing to use the care required in section 39-09-01.1, 2 points 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 ordinance 6 – 10 mph over limit 0 points 11 – 15 mph over limit 1 point 16 – 20 mph over limit 3 points 21 – 25 mph over limit 5 points 26 – 35 mph over limit 9 points 36 – 45 mph over limit 12 points 46 + mph over limit 15 points (31) Driving in violation of section 39-08-18 2 points (32) Driving in violation of section 39-08-09 6 points (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 ordinance Miles per hour over lawful speed limit Points 1 – 5 0 6 – 10 1 11 – 15 3 16 – 20 5 21 – 25 7 26 – 30 10 31 – 35 12 36 + 15 (34) Failing to have a minor in a child restraint system 1 point or seatbelt in violation of section 39-21-41.2 (35) Failure or refusal to comply with rules of the 0 points superintendent of the highway patrol in violation of subsection 3 of section 39-21-46 (36) Violation of section 39-21-44 or any rule adopted 2 points under that section (37) Except as provided in paragraph 39, operating a motor 6 points vehicle without liability insurance, in violation of section 39-08-20 (38) Except as provided in paragraph 39, operating a motor 12 points 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 (39) Operating a motor vehicle without liability insurance, 14 points 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 (40) Driving a modified motor vehicle in violation of section 1 point 39-21-45.1, or equivalent ordinance (41) Driving in violation of the conditions of 2 points an instructional permit.
b. Criminal Violations Conviction of: Points Assigned: (1) Reckless driving in violation of section 39-08-03, or 8 points equivalent ordinance (2) Aggravated reckless driving in violation of section 12 points 39-08-03, or equivalent ordinance (3) Leaving the scene of an accident involving property 14 points damage in violation of section 39-08-05, 39-08-07, or 39-08-08, or equivalent ordinances (4) Leaving the scene of an accident involving personal 18 points injury or death in violation of section 39-08-04, or equivalent ordinance (5) Violating restrictions in a restricted license issued 3 points under section 39-06-17 and relating to the use of eyeglasses or contact lenses while driving (6) Violating any restrictions other than those listed in 4 points paragraph 5, contained in a restricted license issued under section 39-06-17 or 39-06.1-11 (7) Except as provided in paragraph 9 of subdivision a, 2 points knowingly operating an unsafe vehicle in violation of section 39-21-46, or equivalent ordinance (8) Fleeing in a motor vehicle from a peace officer in 24 points violation of section 39-10-71, or equivalent ordinance (9) Causing an accident with an authorized emergency 2 points 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 ordinance 4. a. If the director is informed by a court that an individual 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, shall suspend that individual’s operator’s license 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 driving privileges must be suspended and may be restored only after the offender 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. The offender must receive a temporary restricted license during the suspension period, in accordance with section 39-06.1-11.
5. 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 an individual for violating section 39-08-01, the director, in suspending the individual’s operator’s license, shall 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.
6. 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 as occurring seventy-two hours after proper deposit in the mails.
7. Points assigned under 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 director shall maintain records on all violators regardless of licensure. Upon the assignment of twelve or more points, any unlicensed operator must be deemed to be driving under suspension if the operator has never had an operator’s license or if the operator has failed to renew the operator’s license.
8. The period of suspension imposed for a violation of section 39-08-01, 39-08-01.2, or 39-08-01.4 or equivalent ordinance is:
a. Ninety-one days if the operator’s record shows the individual has not violated section 39-08-01 or equivalent ordinance within the seven years preceding the last violation.
b. One hundred eighty days if the operator’s record shows the individual has not violated section 39-08-01 or equivalent ordinance within the seven 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 individual has once violated section 39-08-01 or equivalent ordinance within the seven years preceding the last violation.
d. Two years if the operator’s record shows the individual has at least once violated section 39-08-01 or equivalent ordinance within the seven 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 individual has at least twice violated section 39-08-01 or equivalent ordinance within the seven years preceding the last violation.
f. Three years if the operator’s record shows the individual has at least twice violated section 39-08-01 or equivalent ordinance within the seven years preceding the last violation and the violation is for an alcohol concentration of at least eighteen one-hundredths of one percent by weight.
9. If an individual has a temporary restricted driver’s license with the restriction the individual participates in the twenty-four seven sobriety program under chapter 54-12, the individual may operate a motor vehicle during the suspension periods under this section.