North Dakota Traffic Violation Records
Table of Contents
Traffic violation records in North Dakota are maintained by the North Dakota Department of Transportation (NDDOT) and state courts. However, they are primarily maintained by the NDDOT. These records include information about moving and non-moving violations, including speeding, reckless driving, and DUI. About 14.41% of drivers in the state have a prior speeding violation on record. This is higher than the 10.54% national average. Included in North Dakota traffic violation records are the demerit points added to driving records for breaking North Dakota traffic laws.
Are Traffic Violations Records Public in North Dakota?
Traffic violation records are generally considered public in North Dakota, following the state's Open Records Statute. Traffic records maintained by the North Dakota municipal and district courts relating to traffic infractions, misdemeanors, and felonies are also considered public under the Open Records Statute.
Note that while many traffic violation records are public, certain information may be restricted to protect individual privacy under the Driver Privacy Protection Act. For instance, records involving juveniles or sensitive personal details may be confidential and not accessible to the general public.
How To Look Up Traffic Tickets in North Dakota?
You may look up North Dakota traffic ticket information online through the North Dakota Court Records Inquiry Portal. To start:
- Access the Portal: Visit the North Dakota Public Access Portal.
- Search for Your Ticket:
- Select "State of North Dakota," the county where the ticket was issued, or the court handling the case, under Case Records.
- Click on the "Criminal/Traffic" link.
- Enter your Last Name and First Name in the Party Information box.
- Alternatively, you can search by Citation Number.
Additionally, North Dakota traffic ticket information is available via third-party sources, such as PublicRecords.us.
Where Do I Pay Traffic Violations?
You may pay traffic ticket fines in North Dakota online via the ND Court Payments system. To make the payment, follow these steps:
- Visit the ND Courts Payment website
- Choose "State of North Dakota" from the dropdown under "Case Records."
- Click on the "Criminal/Traffic" link
- In the "Party Information" box, enter your last name and first name of the defendant and click "Search." Alternatively, select "Citation" under the "Search By" section and enter your 10-digit citation number. After, click "Search."
If results appear, click the blue hyperlinked case number. If no results appear, click "Refine Search" to try again.
- Once in the case, the Register of Actions page will appear. Click the "Make Payment" button.
- You will be redirected to the Tyler Technologies Online Payment page. Fill in the cardholder information. If you live outside the U.S., select "Foreign" for Address Type.
- Click "Process Payment."
Alternatively, you may pay the traffic fine in person or by mail to the court handling the case.
How Much Does It Cost To Request Your Driving Records Online?
You may obtain a North Dakota driving record via:
- Online: You may request a limited driving record through the North Dakota Driver's License Record Request System. This record includes violations from the last three years.
- By Mail: To get a complete driving record, which includes your full driving history, you must fill out the Request for Driver Abstract (SFN 51386) form and mail it to the Driver License Division in Bismarck, ND.
Note that the NDDOT issues either a limited driving record or a complete driving record. A completed driving record may only be obtained by mail. The fee for both limited and complete driving records is $3. A limited driving record contains information such as current demerit point total, traffic violations in the last three years, license status, and convictions. A complete driving record contains the entire driving history, including total points, all traffic violations and convictions, past suspensions, revocations, cancellations, and crash information.
What Are Moving and Non-Moving Violations in North Dakota?
In North Dakota, moving violations are actions that violate state traffic laws while a vehicle remains in motion. These violations often lead to penalties that affect a driver's record and license status. Common examples of moving violations in the state include:
- Speeding
- Driving under the influence
- Improper or unsafe lane changes
- Tailgating
- Failure to stop at red lights or stop signs
- Reckless or aggressive driving
Penalties for moving violations in North Dakota may include:
- Monetary fines
- Demerit points added to the driver's record
- License suspension or revocation (especially for repeated or severe violations)
- Higher auto insurance premiums
- Jail time in more serious cases, such as DUI or reckless driving
In contrast, non-moving violations are traffic offenses that occur when involving vehicle documentation or mechanical issues unrelated to driving behavior. Examples of non-moving violations in North Dakota include:
- Parking violations
- Failure to provide proof of insurance
- Driving with expired registration
- Equipment violations
- Obstructing traffic without the vehicle being in motion
While non-moving violations generally carry lower fines than moving violations, they do not result in demerit points on a driver's record. However, depending on the severity and circumstances, non-moving violations may lead to additional consequences such as vehicle towing or court appearances.
How Long Does a DUI Stay on Your Record in North Dakota?
In North Dakota, a DUI remains on your driving record for seven years. Hence, any repeat offense during this period counts as a repeat offense and will lead to harsher penalties. North Dakota's DUI score is estimated at 87.65 out of 100. The state ranks second for DUI arrests in the United States (832.50 per 100,000 licensed drivers). It's 6.11 per 100,000 licensed drivers, also placing the state as the ninth highest for drunk drivers involved in fatal crashes. More than four people are killed in crashes related to drunk drivers per 100,000 residents.
The state stipulates the following penalties for DUI convictions:
- First Offense (Class B Misdemeanor)
- Fine: $500 if BAC is below 0.16%; $750 if BAC is 0.16% or higher.
- Jail Time: None for BAC below 0.16%; minimum of 2 days or 20 hours of community service if BAC is 0.16% or higher.
- License Suspension: 91 days for BAC below 0.18%; 180 days for BAC of 0.18% or higher.
- Additional Requirements: Mandatory addiction evaluation.
- Second Offense within 7 Years (Class B Misdemeanor)
- Fine: $1,500.
- Jail Time: Minimum of 10 days.
- License Suspension: 365 days for BAC below 0.18%; 2 years for BAC of 0.18% or higher.
- Additional Requirements: Mandatory participation in the 24/7 Sobriety Program for 360 days and addiction evaluation.
- Third Offense within 7 Years (Class A Misdemeanor)
- Fine: $2,000.
- Jail Time: Minimum of 120 days; court may suspend all but 60 days upon completion of treatment.
- License Suspension: 2 years for BAC below 0.18%; 3 years for BAC of 0.18% or higher.
- Additional Requirements: Mandatory participation in the 24/7 Sobriety Program for 360 days, supervised probation, and addiction evaluation.
- Fourth or Subsequent Offense (Class C Felony)
- Fine: Minimum of $2,000.
- Jail Time: Minimum of 1 year and 1 day.
- License Suspension: 2 years for BAC below 0.18%; 3 years for BAC of 0.18% or higher.
- Additional Requirements: Mandatory participation in the 24/7 Sobriety Program for 2 years, supervised probation, and addiction evaluation.
What Are the Penalties for Breaking the Speed Limit in North Dakota?
Exceeding the speed limits outlined in Section 39-09-02 of the North Dakota Century Code attracts serious penalties. Violators are subject to fines, demerit points, and potential license suspension. The default speed limits in the state include the following:
- 55 mph on loose surface highways and paved two-lane county and township highways
- 65 mph on paved two-lane highways
- 70 mph on divided and paved multilane highways.
- 75 mph on access-controlled, divided and paved, multilane interstate highways.
- 25 mph on any highway in a residential district, business district, or public park
- 20 mph: School zones and areas with obstructed visibility
Typical fines for speeding in the state include the following:
- 1-5 mph over: $5 fine.
- 6-10 mph over: $5 plus $1 for each mile per hour over 5 mph.
- 11-15 mph over: $10 plus $1 for each mile per hour over 10 mph.
- 16-20 mph over: $15 plus $2 for each mile per hour over 15 mph.
- 21-25 mph over: $25 plus $3 for each mile per hour over 20 mph.
- 26-35 mph over: $40 plus $3 for each mile per hour over 25 mph.
- 36-45 mph over: $70 plus $3 for each mile per hour over 35 mph.
- 46 mph or more over: $100 plus $5 for each mile per hour over 45 mph.
The demerit points for speeding violations in North Dakota include the following:
- 1 point for speeding 6-10 mph over the limit
- 3 points for speeding 11-15 mph over
- 5 points for speeding 16-20 mph over
- 7 points for speeding 21-25 mph over
- 10 points for speeding 26-30 mph over
- 12 points for speeding 31-35 mph over
- 15 points for speeding 36 mph or more over
Accumulating 12 or more points results in a suspension of driving privileges for 7 days per point over 11. Drivers under 18 face the cancellation of driving privileges upon accumulating 6 or more points.
How Long Does a Speeding Ticket Stay on Your Record in North Dakota?
In North Dakota, a speeding ticket typically remains on your driving record for three years.
How To Appeal A Traffic Ticket?
When defending yourself in a North Dakota court for a traffic case, you may use the following strategies:
- Challenge the Officer's Observations: You may argue that the officer's view was obstructed or their interpretation was incorrect. This strategy may be effective for subjective violations like failure to yield or improper lane changes.
- Request Evidence: You may ask for radar calibration records, officer training logs, or dashcam footage. If the state cannot provide this, the case may be dismissed due to lack of proof.
- Present a Necessity Defense: You may claim you had to break a traffic law to prevent harm, such as swerving to avoid an accident. However, this defense must be deemed reasonable by the court and backed by a legitimate circumstance.
- Dispute Radar or Speed Equipment Accuracy: You may also show that the radar or lidar device was not properly maintained or calibrated. This may cast doubt on the speed reading used to issue the citation.
- Demonstrate Signage or Marking Issues: You may argue that speed or traffic signs were missing, obscured, or unclear, making it unreasonable for you to follow the traffic rule you allegedly violated.
It is recommended that you hire an experienced traffic attorney to represent you in certain cases, such as when:
- The traffic violation may lead to license suspension or high fines.
- You are facing multiple or repeat offenses.
- The ticket involves an accident, injury, or DUI.
- You have a Commercial Driver's License and risk job loss.
How To Resolve an Out-of-State Traffic Ticket?
The Driver License Compact (DLC) and Nonresident Violator Compact (NVC) are agreements among most U.S. states that ensure traffic violations committed in one state are reported to the home state of the offenders. Under the DLC, your home state may assess points or take license action based on out-of-state violations. In addition, the NVC ensures that if you fail to resolve a ticket in another state, your home state may suspend your license until you resolve the ticket. You may resolve an out-of-state ticket by taking the following steps:
- Review the Ticket: Carefully read the citation to understand the violation, the deadline for response, and the payment instructions.
- Decide How to Respond: You may either pay the fine or contest the ticket. If you choose to contest, check whether a court appearance is required.
- Pay the Fine (If Accepting the Violation): Follow the payment instructions on the ticket. Most states allow online, mail, or in-person payments.
- Request a Court Date (If Contesting): If you wish to dispute the ticket, contact the issuing court to schedule a hearing. Some states allow remote hearings.
- Hire an Attorney (If Necessary): If the violation is serious, consider hiring a local attorney who understands the state's traffic laws.
- Confirm Resolution: After payment or court proceedings, verify that the ticket is cleared from your record to avoid future penalties.
How Do North Dakota Traffic Laws Differ From Other States?
Although North Dakota's traffic laws share many similarities with those of other states in the United States, the state also has driving laws that are unique to its driving environment. These include:
- Flashing lights are prohibited on vehicles unless they are authorized emergency vehicles, school buses, snow-removal equipment, or vehicles indicating a turn or hazard.
- Unlike some states with primary enforcement, North Dakota has secondary enforcement for seat belts, meaning officers can only issue a ticket if another violation occurs
- North Dakota mandates that all traffic violations, regardless of severity, be reported to insurance companies. Previously, only violations accumulating three or more points were reported.