The state of North Dakota categorizes reckless driving as a criminal traffic violation, carrying the potential of both criminal penalties, as well as administrative action by the North Dakota Department of Transportation.
Per North Dakota Century Code, 39-08-03, reckless driving is defined as any operation of a motor vehicle that displays disregard for the safety of others in a reckless manner, with speed or other breeches of duty of care likely to cause harm or endanger the safety of other persons or property. The charge of reckless driving becomes aggravated reckless driving when a driver engages in reckless driving causing any bodily injury to another driver, passenger or pedestrian.
|
Offense/Violation |
Classification |
Criminal Penalties |
Points Applied to License |
Other Administrative Penalties |
|
Reckless driving |
Class B Misdemeanor |
Incarceration of not more than 30 days, with fines not to exceed $1,000 |
8 |
License suspension possible, case-specific at discretion of courts |
|
Aggravated reckless driving
|
Class A Misdemeanor |
Incarceration of not more than one year, with fines not to exceed $2,000 |
8 |
License suspension possible, case-specific at discretion of courts |
Points-based suspensions occur in North Dakota for every active point on a driver's license over 11. Each point over 11 incurs a seven-day suspension. The single offense of reckless driving, however, in North Dakota incurs the possibility of an automatic license suspension, pending the discretion of the courts.
On the criminal side of the reckless driving charge, a defendant should actively seek to undermine the prosecution's case, with the help of legal counsel, in a bid for outright dismissal, or if that's not feasible, a reduction of charges via a plea bargain. In practice, avoiding incarceration is likely for first offenders, but conviction carries heavy fines and surcharges, as well as creating a lasting criminal conviction on one's record.
On the administrative side of things, drivers are required to attend a DMV hearing on the status of their license, or face default suspension if they do not appeal. If suspension is pending due to point totals, drivers are afforded the opportunity to attend a state-approved traffic school once a year for the removal of three points. Limited opportunities are available for hardship-based licenses during suspension periods.
Having a lawyer involved from the outset of an arrest for reckless driving in North Dakota is highly advisable. The subjective nature of the laws, the potential penalties faced in light of the practicality of penalties actually incurred, as well as the nature of the driver's past history affords a lawyer ample room for negotiating a highly favorable plea option involving retention of license and prevention of incarceration. For more information about your specific North Dakota reckless driving case, consult with an attorney.