North Dakota Speeding Laws

Basic Speed Law: No person may drive a vehicle at a speed greater than is reasonable and prudent under the existing conditions having regard to the actual and potential hazards then existing. ND § 39-09-01

Penalty for Exceeding Speed Limit

A first time violator may be:

  • fined between $5 and $100, and
  • the violator’s license may be suspended seven days.

Penalty for Reckless Driving

A first time violator may be:

  • fined not more than $500,
  • sentenced to jail time not more than 30 days, and
  • the violator’s license may be suspended seven days.

Speed Limits

  • 70 MPH (112.65 Kilometers Per Hour) on interstate highways
  • 65 MPH (104.61 Kilometers Per Hour) on certain paved highways during the day time
  • 55 MPH (88.51 Kilometers Per Hour) on certain paved and unpaved highways during the nighttime
  • 25 MPH (40.23 Kilometers Per Hour) in a business or residential district or
  • a public park
  • 20 MPH (32.19 Kilometers Per Hour) in a school zone

North Dakota Speeding Laws

North Dakota has what is known as an “absolute” speed limit law. There is no trick to how this works: If the sign says 40 mph and you drive 41 mph or more, you have violated the law. In other words, you are guilty if you drive over the speed limit. In North Dakota you may be able to make three possible defenses:

  • Attacking the officer’s determination of your speed. To do this you must discover what method the officer used to cite you and then learn about the ways to attack that particular method.
  • Claiming an emergency forced you to exceed the speed limit to avoid serious damage or injury to yourself or others.
  • Claiming that the officer mistook your car for another car. With so many similar-looking cars, it is possible that a cop could see a speeding car, lose sight of it around a corner, and then wrongly pick out your car farther down the road.

Note that in North Dakota you can be ticketed for driving at an unsafe speed, even if that speed does not violate the posted limit -- for example, driving exactly at the maximum mph posted limit on the freeway amidst slower and heavy traffic, in a dense fog, or in a driving rainstorm or blizzard.

Point System

An offender, who accumulates 12 points, is subject to a 7-day license suspension. If they accumulate more than 13 points, their license is suspended for 7 days for each point over 11.

The following points have been assigned for speed related violations: Reckless driving-8 points; aggravated reckless driving-12 points; basic speed rule violation-6 points; drag racing-10 points; exhibition driving-3 points; and, failure to use care-2 points. Except as noted, the following points have been assigned for exceeding the speed limit: 16 to 20 MPH over the speed limit-3 points; 21 to 25 MPH over the speed limit-4 points; 26 to 35 MPH over the speed limit-6 points; 36 to 24 MPH over the speed limit-8 points; and, more than 46 MPH over the speed limit-12 points.

The following points have been assigned for exceeding the speed limit within city limits or non-controlled access highways: 6 to 10 MPH over the speed limit-1 point; 11 to 15 MPH over the speed limit-2 points; 16 to 20 MPH over the speed limit-3 points; 21 to 25 MPH over the speed limit-4 points; 26 to 35 MPH over the speed limit-6 points; 36 to 45 MPH over the speed limit-8 points; and, more than 46 MPH over the speed limit-12 points. The following points have been assigned for exceeding the speed limit on highways with a speed limit more than 55 MPH (88.51 Kilometers Per Hour)-6 to 10 MPH over the speed limit-1 point; 11 to 15 MPH over the speed limit-4 points; 16 to 25 MPH over the speed limit-7 points; 26 to 35 MPH over the speed limit-10 points; and, more than 36 MPH over the speed limit-12 points.

A person under 18 yrs old, who has accumulated more than 5 points, must have their driving privileges canceled. Such a person is considered to never to have had a license and, after any period of suspension or revocation, they may apply for and be issued an instructional permit. Such individuals must complete certain State required classroom and behind-the-wheel instruction and satisfy all other requirements for licensing prior to being issued a driver’s license.

 

FEATURED LISTINGS FROM NOLO
Swipe to view more

Talk to a Lawyer

Want to talk to an attorney? Start here.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Connect with local attorneys
NOLO-web2:DRU1.6.12.2.20161011.41205