Offenses excepted

The procedures authorized under sections 39-06.1-02 and 39-06.1-03 may not be utilized by a person charged with one of the following offenses: 1. Driving or being in actual physical control of a vehicle in violation of section 39-08-01, or an equivalent ordinance. 2. Reckless driving or aggravated reckless driving in violation of section 39-08-03, or an equivalent ordinance. 3. A violation of chapter 12.1-16 resulting from the operation of a motor vehicle. 4. Leaving the scene of an accident in violation of section 39-08-04, 39-08-05, 39-08-07, or 39-08-08, or equivalent ordinances. 5. Driving while license or driving privilege is suspended or revoked in violation of section 39-06-42, or an equivalent ordinance. 6. Violating subdivision b or c of subsection 5 of section 39-24-09. 7. Operating an unsafe vehicle in violation of subsection 2 of section 39-21-46. 8. Causing an accident with an authorized emergency vehicle or a vehicle operated by or under the control of the director used for maintaining the state highway system in violation of subsection 5 of section 39-10-26.