§ 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:
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.