What Are North Dakota Traffic Court Records?

North Dakota traffic court records refer to the records generated from the adjudication of traffic offenses in North Dakota, including documents and case files created from the court proceedings.

Are North Dakota Traffic Court Records Public Records?

North Dakota traffic records are categorized as public records, as the Freedom of Information Act covers them. Members of the general public can access them (upon request). The only exceptions are records that a court order or law has restricted.

North Dakota Traffic Ticket Lookup

In North Dakota, traffic tickets are processed through the District Courts and are accessible using the state's centralized North Dakota Court Records Inquiry (NDCRI) system. This online portal allows searches by name or citation number to view traffic case information, including the nature of the violation, case status, fines owed, and any scheduled hearings. Payments may be made directly through the North Dakota Supreme Court's Online Payment System, provided the citation is eligible for online resolution.

If the citation requires a mandatory court appearance, the case must be addressed in person at the court listed on the ticket. For those uncertain about the county where the violation was filed, starting with a statewide search through NDCRI is the most efficient option.

Which Courts in North Dakota Have Jurisdiction to Hear Traffic Violation Matters?

North Dakota traffic violations and infractions are heard in District and Municipal Courts, depending on the statute or ordinance that was violated. Violations of state law are heard in District Court, and violations of municipal ordinances are heard in Municipal Court.

How Do I Find North Dakota Traffic Court Records?

North Dakota traffic court records can be obtained using the ND District Court search, which provides court case information on criminal, traffic, and civil cases. ND court records can also be obtained by contacting the clerk of the court in the county where the records are located. An oral or written request can be submitted, but the request may be in writing if the requester requires a written response. Records are open to the public for viewing on the computer terminals in the clerk's office.

Additionally, publicly available records are accessible from some third-party websites. These websites offer the benefit of not being limited by geographical record availability and can often serve as a starting point when researching specific or multiple records. To find a record using the search engines on these sites, interested parties may provide:

• The name of someone involved, provided it is not a juvenile
• The assumed location of the record in question, such as a city, county, or state name

Third-party sites are not government-sponsored websites; record availability may differ from official channels.

What Information is Required to Obtain North Dakota Traffic Court Records?

To obtain North Dakota traffic records, requesters may need to submit a written or oral request for the record. The request may contain enough information so the clerk can look for the record without extensive research. This may include the full name on the record and/or case (or citation) number. A $0.25 per page fee, $1 minimum, may be charged to obtain copies of records. The requester may need to provide a valid, state-approved form of identification.

Are all Traffic Violations Handled in the Same Way in North Dakota?

Depending on the defendant's plea, North Dakota traffic violations are generally handled similarly. Thus, "Guilty" and "Not Guilty" pleas are handled similarly. Fines may vary, but the procedures involved in responding to traffic violations, including serious charges such as Felony Overspeeding in North Dakota, typically remain the same.

Can North Dakota Traffic Records be Sealed or Expunged?

In North Dakota, an individual may only petition the court to seal their criminal record if they are eligible. To be eligible for sealing misdemeanor offenses, a waiting period of 3 years may have elapsed from the date of release from incarceration, parole, or probation, and the petitioner has not been charged with a new crime during that time. To be eligible for felony offenses, a waiting period of 5 years may have elapsed from the date of release from incarceration, parole, or probation, and the petitioner has not been charged with a new crime during that time. The North Dakota Supreme Court has held that courts have the authority to expunge arrests in cases where the arrest was unlawful or to seal the online records for cases where charges were dismissed or the defendant acquitted.

How Does One End Up in a North Dakota Traffic Court?

In North Dakota, one ends up in traffic court when a law enforcement officer issues a citation for a traffic violation, and the offender:

• Is required to make a mandatory court appearance to answer the charges
• Wishes to dispute the charges and contest the ticket

Getting a Traffic Ticket in North Dakota

A North Dakota traffic ticket (or Uniform Complaint and Summons) is issued for the citation of traffic violations in ND. Law enforcement officers issue ND tickets and represent a sworn statement by the officer regarding the incident. The officer may complete the ticket before the offender receives a copy. The officer may indicate on the ticket:

• Date, time, and location of the violation and the date & time of issuance of the ticket, if different.
• Defendant's full name, address, date of birth, and other physical characteristics.
• Defendant's license information.
• Vehicle information, including make, model, and year
• Charge/Offense information, including statute and/or ordinance section code
• Bond fee (Fine amount)
• Road, traffic, and weather conditions, and any mitigating circumstances.
• Issuing officer name and badge ID number
• A date for the court appearance, with time and location

Tickets may have a "request for hearing" section, which the defendant may sign if a hearing to contest the ticket is required, and a promise to appear, which the defendant may sign before receiving a copy of the ticket.

ND traffic ticket fines are uniform across counties but may vary within municipalities. Convictions for major traffic violations are reported to the North Dakota Department of Transportation (NDDoT), and points may be added to a driver's record based on the conviction. Driving privileges may be suspended for 7 days for every point above 11 points a driver receives. A DoT-approved driving course can remove 3 points from a record (it can only be taken every 12 months).

ND traffic violations can be non-criminal (infractions) or criminal (misdemeanors or felonies). Convictions for criminal traffic violations may also add a misdemeanor or felony to the offender's criminal record (in addition to other penalties). In contrast, convictions for non-criminal violations do not.

Generally, traffic violations are classified as Moving Violations and Non-moving Violations. Moving violations are committed while a vehicle is in motion, and Non-moving violations are essentially parking violations and equipment violations. Convictions for moving violations are reported to the NDDoT and result in points being added to a driver's record, but this is not the case for non-moving violations.

What to Do When You Get a Traffic Ticket in North Dakota?

Upon receiving a North Dakota traffic ticket, an offender can choose to either:

• Pay the traffic ticket
• Contest the Ticket

The ticket may be responded to before the deadline, i.e., the court appearance date on the ticket, or the defendant can face added penalties. The amount to be paid may be indicated on the ticket as the bond.

Paying for a Ticket

If the defendant chooses to pay the ticket, it may be seen as a Guilty plea and recorded as a conviction. Moving violations may be reported to the NDDoT, and points may be assessed to the driver's record. The ticket can be paid:

• Online - Visit the ND Court Website. Search for the ticket and follow the instructions to pay.
• By Mail - Follow instructions on the ticket and mail to the court indicated on the citation with a money order or check for the amount. Do not sign the ticket.
• In-Person - Visit the court indicated on the citation in person by the appointed court date and make payment

Contesting a Traffic Ticket in North Dakota

If the defendant chooses to contest the charges, a hearing may be requested within 14 days of receiving the ticket. To request a hearing, the defendant may complete, sign, and send the ticket to the office of the clerk of the court (by mail or in person) with the bond amount. When the request and the bond are received and processed, a hearing date may be scheduled and communicated to the defendant. A pre-trial hearing might be scheduled where the defendant can meet the prosecutor and work out a plea agreement (not typically available for lesser traffic offenses). If an agreement cannot be reached or this is not an option, a date may be set for the trial.

North Dakota Driving Record Check

The Driver License Division of the Department of Transportation administers driving records in North Dakota. A driving record, also called a driver's abstract, documents an individual's licensing status, traffic violations, convictions, point totals, suspensions, revocations, and other related matters. Two categories of records are maintained. A limited abstract is available through the Department's online Driver's License Record Request System for a fee of three dollars. It contains only violations and convictions from the past three years and the current point total. For a complete history, including older offenses, suspensions, and accident information, requests must be submitted by mail or fax using the prescribed form. The official form is SFN 51386, "Request for Driver Abstract". The Department charges a statutory fee of three dollars for each record issued.

Requests by mail must be sent to:

Driver License Division
North Dakota Department of Transportation
608 East Boulevard Avenue
Bismarck, ND 58505-0750

The Division also accepts fax submissions with credit card payment information. Processing of mailed or faxed requests generally takes five to seven business days.

Obtaining Another Person's Driving Record

Disclosure of another person's driving record in North Dakota is regulated by both state law and the federal Driver's Privacy Protection Act. Such records are not public and may only be released under specific circumstances. Written consent is ordinarily required from the individual whose record is requested. The requester must complete Form SFN 51386 and include the signed authorization. Permissible purposes for access include insurance underwriting, verification for government functions, employment screening for safety-sensitive or regulated positions, and parental inquiries concerning a minor child.

Completed applications with proper authorization and payment must be directed to the Driver's License Division in Bismarck at the address above. Faxed requests are also permitted if accompanied by appropriate payment credentials. The Division processes the request only when all statutory requirements have been satisfied.

Free DMV Driving Records in North Dakota

Driving records in North Dakota are not available free of charge. Whether a limited abstract is obtained electronically or a complete record is requested through mail or fax, the Department of Transportation imposes a three-dollar fee for each record issued. This charge applies uniformly to documents requested by the individual subject of the record or by third parties with proper authorization. No statutory provision authorizes the free issuance of official driving abstracts.

Unofficial third-party services may advertise access to driving records; however, only those issued directly by the North Dakota Department of Transportation's Driver License Division are recognized as official state records. These official records always require payment of the prescribed fee.

What to Expect in a North Dakota Traffic Court

The judge may hear both sides at the trial and review the evidence presented. At the conclusion of the trial, the judge may enter judgment. If the defendant is found guilty, the court may impose fines accordingly, and the conviction, if for a moving violation, may be reported to the NDDoT, and points may be assessed to the driver's record (which can result in a loss of driving privileges). The charges may be dismissed, and the bond will be refunded if the defendant is found not guilty. Failure to appear for any scheduled hearing without just cause may result in a guilty judgment being entered against the defendant.

How to Prepare for Traffic Court in North Dakota

Traffic court in North Dakota operates within the state's district court system, governed by Title 39 of the North Dakota Century Code. One unique aspect of preparing for traffic court in North Dakota is the availability of a pre-trial conference. This conference allows defendants to meet with a prosecutor before their court date to discuss the possibility of resolving the case through a plea agreement or other means. Understanding the procedures for scheduling and participating in a pre-trial conference can benefit defendants seeking to resolve their traffic citations in North Dakota.