§ 39-24.1-06 — Revocation of privilege to operate snowmobile upon refusal to submit to testing

North Dakota § 39-24.1-06

• Jurisdiction: North Dakota
• Title 39: Motor Vehicles
• Ch. 39-24.1: Snowmobile Operator Regulation

Text

testing.
1. If a person refuses to submit to testing under section 39-24.1-01, no chemical test may
be given, but the law enforcement officer immediately shall issue to that person a
summons or otherwise notify that person in writing to appear at the time and place
specified in the summons or notice. The hearing and any appeal must be conducted
as provided in section 39-06.1-03. If the person requests a hearing at a time and date
other than as stated in the summons or notice, that person must post an appearance
bond as required by subsection 2 of section 39-06.1-03. Upon establishing at the
hearing by a preponderance of the evidence that the officer had probable cause to
believe the person had been operating a snowmobile while in violation of subdivision c
of subsection 5 of section 39-24-09 or had observed that the snowmobile was
operated in a negligent, reckless, or hazardous manner as defined by the director by
rule, that the person was lawfully arrested if applicable, and that the person had
refused to submit to the chemical test under section 39-24.1-01, the court shall prohibit
the person from operating a snowmobile on all public land or private land with public
access for the appropriate period under this section, and shall impose a noncriminal
statutory fee of five hundred dollars. A violation of this section must be reported to the
parks and recreation department. The department shall keep a record of all reported
violations. The period for which a person is prohibited from operating a snowmobile
under this section is:
a. One year if the person's record shows that within the five years preceding the
most recent refusal under this section, the person has not been prohibited from
operating a snowmobile for a violation of this chapter or for a violation of
subdivision c of subsection 5 of section 39-24-09.
b. Two years if the person's record shows that within the five years preceding the
most recent refusal under this section, the person has once been prohibited from
operating a snowmobile for a violation of this chapter or for a violation of
subdivision c of subsection 5 of section 39-24-09.
c. Three years if the person's record shows that within the five years preceding the
most recent refusal under this section, the person has twice been prohibited from
operating a snowmobile under this chapter or for a violation of subdivision c of
subsection 5 of section 39-24-09 and the prohibitions resulted from at least two
separate arrests.
2. A person may not be prohibited from operating a snowmobile under this section if:
a. The person files an affidavit with the court before the time set for hearing in the
summons or notice, or, with the permission of the court, within five days after the
hearing. The affidavit must state that the person:

(1) Intends to voluntarily plead guilty to violating subdivision c of subsection 5 of
section 39-24-09 within thirty days after the date of the offense;
(2) Agrees that the person may not operate a snowmobile for the appropriate
period defined in section 39-24.1-07;
(3) Acknowledges the right to a section 39-06.1-03 administrative hearing and
section 39-06.1-03 judicial review and voluntarily and knowingly waives
these rights; and
(4) Agrees that the person may not operate a snowmobile for the appropriate
period as provided under this section without an administrative hearing or
judicial review, if the person does not plead guilty within thirty days after the
date of the offense, or the court does not accept the guilty plea, or the guilty
plea is withdrawn; and
b. The person pleads guilty to violating subdivision c of subsection 5 of section
39-24-09 within thirty days after the date of the offense.