How do I contest a traffic ticket in North Dakota?
In North Dakota, a person cited for most traffic violations may either pay the statutory fee (admitting the violation) or request a hearing to contest the charge. When a hearing is requested, the law requires depositing an appearance bond equal to the statutory fee at the time the hearing is requested. If the prosecution fails to appear at a scheduled hearing, the charge must be dismissed.
If someone does not choose one of the available procedures or fails to appear as required, the person is generally treated as having admitted the violation and the official must report the admission. There are specific timing rules for when hearings must be scheduled and when bonds mailed in may be treated as forfeited, so people commonly follow the formal steps set out by statute to preserve the right to a hearing.
Current North Dakota law
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The deadline that matters
If mailing bond for a state-law citation, the bond must be submitted within 14 days of the citation.
What North Dakota law says
An individual cited for a traffic violation may request a hearing on commission of the charged violation, but at the time of that request must deposit an appearance bond equal to the statutory fee for the violation, under N.D.C.C. § 39-06.1-03 and related procedures in N.D.C.C. § 39-06.1-02. The summons or notice must specify a hearing time within thirty-five days after issuance unless an earlier time is ordered, and an immediate or 24-hour hearing may be requested in some situations, under N.D.C.C. § 39-07-08. If a mailed bond is used for a state-law citation, it must be submitted within fourteen days of the citation or the bond is deemed forfeited, under N.D.C.C. § 39-06.1-02. Failure to choose a statutory method or to appear as required is treated as an admission and must be reported, under N.D.C.C. § 39-06.1-04.
What to do
A common first step is to decide whether to pay the statutory fee (which is treated as an admission) or to request a hearing as allowed under state law.
A common next step is to request a hearing and at that time deposit an appearance bond equal to the statutory fee, or, if using mail for a state-law citation, submit the bond within 14 days.
A common option is to appear at the scheduled hearing and make a brief statement; the official may dismiss the charge if the prosecution does not appear or fails to prove the violation.
A common precaution is to keep the citation, any proof of mailed bond, and the hearing date or summons in case an appeal or further reporting to the director is relevant later.
A common step if an immediate hearing is requested is to ask for the hearing at a convenient hour or within 24 hours, as permitted in some circumstances.
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Common questions
What happens if I just ignore the citation?
If a person fails to choose one of the procedures or fails to appear as required, the law treats that as an admission of the violation and the official must report the admission, under N.D.C.C. § 39-06.1-04.
Can I get the charge dismissed if the prosecutor does not show up?
Yes. If the individual appears at the scheduled hearing and the prosecution does not appear or is not ready to prove the charged violation, the official shall dismiss the charge, under N.D.C.C. § 39-06.1-03.
How long after citation will the hearing be set?
The summons or notice must specify a time within thirty-five days after issuance unless ordered otherwise, and hearings requested at first appearance must be set no more than ninety days later in some circumstances, see N.D.C.C. § 39-07-08 and N.D.C.C. § 39-06.1-03.
What if I mailed a bond but missed the 14-day rule?
For state-law citations, a mailed bond must be submitted within fourteen days of the citation; if not timely submitted, the bond is deemed forfeited and the violation is treated as admitted, under N.D.C.C. § 39-06.1-02.
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This page provides legal information about North Dakota law, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
