North Dakota Century Code Title 39. Motor Vehicles § 39-08-25. Failure to maintain control

a. Commits an offense under this title and, at the time of the offense, the individual was engaged in the operation of a motor vehicle while distracted; or

b. Is determined to have been the operator of a motor vehicle that was involved in a reportable accident as defined in section 39-08-09 which resulted in property damage and, at the time the reportable accident occurred, the individual was engaged in the operation of a motor vehicle while distracted.

a. Is not necessary to the operation of the vehicle; and

b. Actually impairs, or would reasonably be expected to impair, the ability of the individual to safely operate the vehicle.