§ 39-10-71.1 — Motor vehicle owner's responsibility regarding a driver who flees a peace officer - Exceptions

North Dakota § 39-10-71.1

• Jurisdiction: North Dakota
• Title 39: Motor Vehicles
• Ch. 39-10: General Rules of the Road

Text

officer - Exceptions.
1. The owner of a motor vehicle involved in a violation of section 39-10-71 is presumed to
have violated this section.
2. A peace officer may proceed in accordance with this section instead of pursuing the
driver of a motor vehicle who flees or attempts to elude the peace officer after being
given a visual or audible signal to bring the vehicle to a stop in violation of section
39-10-71.
a. A peace officer may investigate the violation and prepare a traffic citation under
this section.
b. A peace officer may issue a traffic citation under this section in accordance with
the North Dakota Rules of Civil Procedure to the motor vehicle owner within
ninety-six hours after observing the violation.
3. A motor vehicle owner may not be found to have violated this section if:
a. The driver operating the motor vehicle at the time of the violation of section
39-10-71 has been charged with a violation of section 39-10-71.
b. The motor vehicle was reported stolen before the violation occurred or within a
reasonable time after the violation occurred.
c. The motor vehicle owner assists or cooperates with a peace officer to
demonstrate the owner was not the one who operated the motor vehicle at the
time and place of the violation of section 39-10-71.
d. The motor vehicle owner provides information that demonstrates the owner was
not the driver of the motor vehicle at the time of the offense.
4. A motor vehicle owner may not be found to have violated this section, and the lessee
is presumed to have violated this section, if the motor vehicle owner is a lessor of
vehicles and at the time of the violation of section 39-10-71 the motor vehicle was in
the possession of a lessee, and the lessor provides a peace officer with the motor
vehicle's registration number and the name, address, and operator's license number of
the individual renting or leasing the motor vehicle.
5. An individual may not be charged both with violating this section and section 39-10-71
for acts arising out of the same incident or occurrence.
6. This section may not apply to a motor vehicle rental company that rents motor vehicles
to customers for a period of ninety days or less.