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Title:Driving Under Suspension: A Survey of North Dakota Judges
Authors:Jaclyn Andersen, John Grinsteiner, and Kimberly Vachal
Publication Date:Jun 2022
Report #:SP-189
TRID #:01851470
Keywords:driving without a license, judges, law enforcement, surveys, suspensions
Type:Research Report – Staff Papers


North Dakota's current driving under suspension (DUS) law, enforcement, and effects are explored from the perspective of the state's municipal and district court judges (including judicial referees/magistrates). Overall weighted results are presented in addition to between-group distinctions. These insights provide support for stakeholders considering whether change to DUS law and enforcement is needed.

Results show that current DUS penalties should be decreased, by way of decriminalization, shorter suspensions, and reducing the elevation of the offense or subsequent offense. Unless a DUS violator is an elevated offender, it is not deemed necessary to take that person into custody. Municipal court judges tended to agree that reinstatement should be allowed for drivers serving a current suspension/revocation for an alcohol-related offense, while district court judges were opposed. Both groups support treating alcohol-related DUS convictions differently and connecting license restoration to treatment/sobriety. Further, nearly all participants support permitting temporary restricted license (TRL) privileges for attending evaluations and/or any recommended treatments as an incentive to fully restore driving privileges. Lastly, rather than have restrictions TRLs should allow any driving that is compliant with the 24/7 program.

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How to Cite

Andersen, Jaclyn, John Grinsteiner, and Kimberly Vachal. Driving Under Suspension: A Survey of North Dakota Judges, SP-189. North Dakota State University, Fargo: Upper Great Plains Transportation Institute, 2022.

NDSU Dept 2880P.O. Box 6050Fargo, ND 58108-6050