How to contest a North Dakota traffic ticket

How do I ask for a hearing?

Date and sign the request for hearing on your copy of the citation, return it to the court, and post the bond. The bond equals the statutory fee for the violation. You have 14 days from the citation.

When is the hearing?

At the time on the citation, at a time set in response to your request, or at a later date set at your first appearance, no more than 90 days out.

What does the prosecution have to prove?

That you committed the violation, "by a preponderance of the evidence." That means more likely than not. It's a lower standard than in a criminal case.

What if the officer or prosecutor doesn't come?

If you appear at the scheduled time and "the prosecution does not appear or is not ready to prove the commission of a charged violation," the official has to dismiss the charge.

What happens if I win?

The bond is returned. City courts ask you to bring the receipt or mail you a check.

What happens if I lose?

The bond is applied to the fee, and the court reports the violation to NDDOT within 10 days. NDDOT then enters the points.

Can I appeal?

From a municipal court, yes. You can appeal to the district court for a new trial, with no filing fee. Notice of appeal has to be given within 30 days, in writing unless you give it orally at the time of the finding. There's no further appeal after that.

From a district judge or magistrate, no.

Does an appeal stop the points?

No. The appeal doesn't stay the report to NDDOT. The district court can order a stay of up to 120 days if you apply for one with a certified copy of your driving record.

Can I elect a course and contest the ticket?

The election is made when you post bond, and the bond is forfeited when you elect. If your goal is to keep points off a ticket worth 5 points or fewer, the election is the surer route. Ask the clerk how your court handles it. How to elect a course.

Will a traffic finding be used against me elsewhere?

The law says an admission or finding of a traffic violation is not admissible as evidence in any court, except in a proceeding involving your driver license.