North Dakota Code 39-08-25 – Failure to maintain control
1. An operator of a motor vehicle may not fail to maintain control of that motor vehicle. An individual is in violation of this section if that individual:
Terms Used In North Dakota Code 39-08-25
- Individual: means a human being. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- Summons: Another word for subpoena used by the criminal justice system.
a. Commits an offense under this title and, at the time of the offense, the individual was engaged in the operation of a motor vehicle while distracted; or
b. Is determined to have been the operator of a motor vehicle that was involved in a reportable accident as defined in section 39-08-09 which resulted in property damage and, at the time the reportable accident occurred, the individual was engaged in the operation of a motor vehicle while distracted.
2. An individual may be issued a citation or summons for any other traffic offense that was committed by the individual in relation to the individual’s commission of the traffic offense of failure to maintain control of a motor vehicle.
3. As used in this section, “operation of a motor vehicle while distracted” means the operation of a motor vehicle by an individual who, while operating the vehicle, is engaged in an activity that:
a. Is not necessary to the operation of the vehicle; and
b. Actually impairs, or would reasonably be expected to impair, the ability of the individual to safely operate the vehicle.