1.    For a theft offense in violation of chapter 12.1-23 which involves a person who leaves the premises of an establishment at which motor fuel is offered for retail sale after motor fuel was dispensed into the fuel tank of a motor vehicle that that person drove away without having made due payment or authorized charge for the motor fuel dispensed, the court may:

Terms Used In North Dakota Code 39-08-22

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

a.    Upon a person’s second conviction, order the suspension of the person’s driving privileges for up to three months; and

b.    Upon a person’s third or subsequent conviction, order the suspension of the person’s driving privileges for up to six months.

2.    As used in this section, “conviction” means a final conviction without regard to whether sentence was suspended or deferred or probation was granted after the conviction.

Forfeiture of bail, bond, or collateral deposited to secure a defendant‘s appearance in court, which forfeiture has not been vacated, is equivalent to conviction.