Reckless driving in North Dakota: a crime, and 8 points

What is reckless driving in North Dakota?

NDCC 39-08-03 defines it as driving a vehicle:

1. "Recklessly in disregard of the rights or safety of others," or
2. "Without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or the property of another."

What is the penalty?

It's a class B misdemeanor. If the reckless driving "causes and inflicts injury upon the person of another," it's aggravated reckless driving, a class A misdemeanor. The court sets the sentence.

How many points is it?

Eight for reckless driving and 12 for aggravated reckless driving. Twelve points is a 7-day suspension.

Can I just pay the citation?

No. Reckless driving is one of the offenses listed in NDCC 39-06.1-05, which can't be handled by paying a fee or forfeiting bond. The Fargo Municipal Court tells drivers charged with a criminal traffic violation that they "must appear in court on the date and at the time noted."

Talk to an attorney before that date. We don't give legal advice.

Can a course keep the points off?

No. The in-lieu election isn't available for an offense listed in section 39-06.1-05, or for one worth 6 points or more. Reckless driving is both.

Can a course help afterward?

Yes. The 3-point reduction works on your total. After a reckless driving conviction on a clean record, you'd go from 8 to 5.

If your record has 12 or more points when NDDOT receives the certificate, the reduction is applied after the suspension.

How long do the points last?

One point comes off for every three months without new points. Eight points take two years to clear that way. With a course, it's 15 months.

How is careless driving different?

Careless driving is noncriminal and 6 points. See careless driving.