1.    The director shall cancel the operator’s license of an individual who has committed acts resulting in an accumulated point total in excess of five points as provided for a violation under section 39-06.1-10 if:

Terms Used In North Dakota Code 39-06-01.1

  • Individual: means a human being. See North Dakota Code 1-01-49
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Official: means a municipal judge or a magistrate or other qualified individual appointed by the presiding judge of the judicial district to serve for all or part of the judicial district. See North Dakota Code 39-06.1-01
  • Points: means the number of demerits assigned to particular types of traffic violations. See North Dakota Code 39-06.1-01

a.    The acts or offenses were committed while the individual was a minor; and

b.    The individual admitted the violation, was found to have committed the violation by the official having jurisdiction, or pled guilty to, was found guilty of, or adjudicated to have committed the offense.

2.    The director shall cancel the operator’s license of an individual who has committed an alcohol-related offense or a drug-related offense while operating a motor vehicle if:

a.    The offense was committed while the individual was a minor; b.    The individual was found to have committed the offense by the official having jurisdiction, or pled guilty to, was found guilty of, or adjudicated to have committed the offense; c.    The offense created an imminent risk of injury to another individual; d.    A lesser penalty would be ineffective to prevent future risk to another individual; and e.    The official having jurisdiction orders the director to cancel the operator’s license.

3.    If an individual has had that individual’s license to operate a motor vehicle canceled under subsection 1 or 2, the director shall deem that individual to have never have had any license to operate a motor vehicle and may not issue any license to operate a motor vehicle other than an instruction permit or a restricted instruction permit after the completion of any period of suspension or revocation. After the issuance of an instruction permit or restricted instruction permit, the director may not issue any other operator’s license to that individual until that individual:

a.    Meets the requirements of section 39-06-17. The driver education requirement may be met through either an internet course or successfully completing a course at an approved commercial driver training school meeting the requirements of chapter 39-25; and

b.    Satisfies all other requirements that apply to that individual for that operator’s license.