Non-Criminal Procedures

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 for example.

If a defendant is required to personally appear for a non-criminal matter for the purpose of entering a plea, the defendant must check in with the Clerk of Court in the courtroom. Upon checking in you will receive a Notification of Rights form. 

Receiving a citation
If you are issued a citation for a non-criminal offense, you may be asked to sign the citation. Your signature is only an acknowledgment that you received the citation and consent to either appear or post bond as required. Your signature is not an admission of guilt. Your citation will include a bond amount; you have 14 calendar days to post this bond. There is a Notification Form printed on the envelope, please read it carefully to ensure that you do not miss any deadlines which are determined by state law.

Posting bond
If you wish to request a hearing please contact the clerk at (701) 667-3270 or sign the hearing request on the face of the citation and enclose the statutory fee within 14 days from the date the citation was issued. A First Appearance will be set so the Judge may advise you of your rights and set a trial date to be held within 90 days. Failure to appear for the trial will result in a forfeiture of the bond posted and an admission of guilt. The bond amount for a non-criminal offense must be paid in full by check, cash, money order, or credit card; partial payments are not accepted.  

If you do not follow the procedures as outlined, your driving privileges may be suspended by the North Dakota Department of Transportation or by the licensing authority in the state where you are licensed. 

Point reduction
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 Mandan 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 both have the opportunity to cross-examine anyone who testifies. In non-criminal cases, including traffic, the City of Mandan must establish each element of the offense by a preponderance of the evidence. 

If the court finds the defendant not guilty, the bond will be refunded by mail in the form of a check. If the court finds the defendant guilty, the bond posted will be forfeited to the fine, unless an appeal is filed within 30 days of the date of judgment. There are no additional costs in a non-criminal case in municipal court.

To appeal a guilty finding in a non-criminal case the 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 – hearing request
Parking tickets may be heard in Municipal Court. The owner or person in possession of the motor vehicle shall have 10 days from the date of the parking ticket to request a hearing. Failure to pay the fine amount or request a hearing and post the required bond in a timely manner will result in an increase in fine/fee amount. In the event the owner or person in possession of the motor vehicle request a hearing in 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. The clerk will set a trial date and send notice of such. If after the hearing the court makes a determination of not guilty, any sums paid shall be returned to the person who posted the bond by mail in the form of a check. Sentencing upon a determination of guilty shall be in accordance with the Mandan Municipal Code.  

Parking Tickets - failure to pay
In the event the owner or person in possession of the motor vehicle receives a parking ticket in the City of Mandan they have 10 days to pay the ticket directly to the Mandan Police Department. After 10 days the parking ticket amount doubles and is still payable at the Mandan Police Department. After 20 days, the ticket is forwarded to the Mandan Municipal Court. The court then prepares a Summons and Complaint for the defendant for the charge of Fail to Obey Parking Citation and the defendant is given a court date. The defendant at this time has two options; either appear at the hearing to explain why they failed to pay the parking ticket(s) or pay the amount listed at the bottom of the Summons and Complaint prior to the hearing. Once a Summons and Complaint has been prepared there is an additional fee of $25.00 assessed plus the ticket’s doubled amount.