N.D. Cent. Code § 12.1-32-03.1
12.1-32-03.1. Procedure for trial of infraction - Incidents
12.1-32-03.1. Procedure for trial of infraction - Incidents
1. Except as provided in this subsection, all procedural provisions relating to the trial of
criminal cases as provided in the statutes or rules relating to criminal procedure shall
apply to the trial of a person charged with an infraction. A person charged with an
infraction is not entitled to be furnished counsel at public expense nor to have a trial by
jury unless the person may be subject to a sentence of imprisonment under
subsection 7 of section 12.1-32-01.
2. Except as provided in this title, all provisions of law and rules of criminal procedure
relating to misdemeanors shall apply to infractions, including, but not limited to, the
powers of law enforcement officers, the jurisdiction of courts, the periods for
commencing action and bringing a case to trial, and the burden of proof.
3. Following conviction of an infraction, the offender may be sentenced in accordance
with subsection 1 of section 12.1-32-02, except that a term of imprisonment may not
be imposed except in accordance with subsection 3 of section 12.1-32-05, or
subsection 7 of section 12.1-32-01.
4. If a statute provides that conduct is an infraction without specifically including a
requirement of culpability, no culpability is required.