A non-criminal offense is classified as such by City Ordinance and carries only a monetary penalty. In non-criminal cases, bond is the penalty established for the offense by City Ordinance. Non-criminal offenses include speeding and many other traffic-related offenses, making loud and/or unnecessary noise, and panhandling. See the bail schedule for a detailed list of non-criminal offenses and their penalties.
Payments for noncriminal offenses may be made online at the North Dakota Supreme Court Public Search website.
Receiving a citation
Your citation will include a bond amount; you have 14 calendar days to post this bond. There is a notification form printed on the back of your bond envelope. Please read it carefully to ensure that you do not miss any deadlines which are determined by state law.
If you post the required bond within 14-days after the offense date and request a hearing, you must appear at the time and date scheduled for the hearing. The bond amount for a non-criminal offense must be paid in full with a check, cash or money order; partial payments are not accepted. When Municipal Court is closed, you may deposit your bond in the drop box next to the court entrance.
If you wish to plead guilty and request an extension to pay the fine or to make a statement you must appear at 1:15 p.m. on a Tuesday, Wednesday or Thursday within 14-days after the offense date.
If you do not follow the procedures as outlined, your driving privileges may be suspended by the North Dakota Drivers License and Traffic Safety Division or by the licensing authority in the state where you are licensed or where you live. The court may also issue a warrant for your arrest for failure to appear.
"Fix it" ticket
If the officer checked the option indicating you may fix a problem, follow the procedures described on your citation. The signed Certificate of Inspection must be submitted to the Clerk of Court's Office within 14-days after the offense date in order to have the charge dismissed.
For information on getting points reduced on your driving record by attending a Defensive Driving Course, contact the North Dakota Drivers License Division at 701-328-2604.
Procedure at hearing or trial
The City of Fargo is the plaintiff. The person named in the citation or complaint is the defendant. The City Prosecutor will subpoena the city's witnesses to appear at the time scheduled for hearing. The defendant also has the opportunity to present witnesses and evidence at the hearing. The prosecutor and defendant have the opportunity to cross-examine anyone who testifies. In non-criminal cases, including traffic, the City of Fargo must establish each element of the offense by preponderance of the evidence.
If the court finds the defendant not guilty, the bond will be refunded. If the court finds the defendant guilty, the bond posted will be applied to the fine imposed, unless an appeal is filed. There are no additional costs in a non-criminal case.
To appeal a guilty finding in a non-criminal case, you may give oral Notice of Appeal to the Judge immediately upon entry of judgment or conviction. Otherwise, notice of appeal must be in writing and filed with the court within 30-days, and a copy of the notice must be served upon the prosecuting attorney. The conviction is reported to the state licensing authority even if an appeal is filed.
The Clerk will transmit the court file to the Clerk of District Court within five days after the appeal is filed. The Clerk of District Court will notify the defendant of future court appearances.
Parking tickets may be heard in Municipal Court only after a review and denial by a person designated by the Chief of Police. If the parking ticket is not voided, the owner or person in possession of the motor vehicle shall have five (5) days from the date of notification to request a hearing in Fargo Municipal Court. Failure to pay the fine amount or request a hearing, in a timely manner, will result in an increase in the fine/fee amount.
In the event the owner or person in possession of the motor vehicle requests a hearing in Fargo Municipal Court, he may do so by posting a bond with the Clerk of Municipal Court in an amount equal to the dollar amount of the parking ticket. A copy of the parking ticket review form completed at the time a written request is made to the Police Department or North Dakota State University must be submitted to the Fargo Municipal Court at the time a hearing is requested. The Clerk of Fargo Municipal Court shall provide notice of the time and place of the hearing. If after the hearing the Fargo Municipal Court makes a determination of not guilty, any sums paid to Fargo Municipal Court shall be returned to the person who requested the hearing. Sentencing upon a determination of guilt shall be in accordance with the Fargo Municipal Code.