Information on Montana driving law and Montana traffic laws...
Realizing the need to exercise control over the users of Montana's highways for the protection of our citizens, the Legislature has established certain actions to be taken to withdraw the license or driving privilege of those persons who violate Montana driving law or are otherwise not entitled to the use of our highways.
Many people get into serious trouble with their driver's license because they do not understand or inform themselves of the legal responsibilities of having a license.
Under Montana driving law, there are three separate actions that can be taken against the driver’s license or privilege to drive. They are:
A suspension is when a license or driving privilege is temporarily withdrawn, and restored when eligible. Examples of suspension under Montana driving law include:
A revocation is a termination of the license for a specific reason, and may not be renewed or restored. When allowed, the individual must reapply for a new license upon meeting certain requirements. Examples of revocation under Montana driving law include:
A cancellation is a license that is annulled and terminated because a person is no longer entitled to such license, and they may reapply for another license upon meeting certain requirements. Examples of cancellation under Montana driving law include:
In accordance with Montana traffic laws, with any suspension, revocation or cancellation, certain requirements must be met before a license to drive may be reissued. Under Montana driving law, these requirements may include, but are not limited to:
In accordance with Montana driving law, each traffic conviction for violations of Montana traffic laws has a certain amount of points assigned to it as defined in the Habitual Traffic Offender law. These points range from zero (0) to fifteen (15) points.
When a record reaches eighteen (18) points within 2 years, a letter is sent to the individual advising that they have been declared a driver in need of rehabilitation and improvement, as defined in 61-11-203, MCA.
Unless they enroll in and successfully complete, within 90 days of notification, a certified driver rehabilitation and improvement course, as provided in 61-2-302, MCA, the driver's license will be suspended for a period not to exceed 6 months or until the person has successfully completed the course, whichever occurs first.
When determined by the record that an individual has thirty (30) habitual offender points within 3 years, the Driver Control Bureau revokes the license for a period of 3 years.
In accordance with Montana driving law, a person revoked as an Habitual Traffic Offender may apply for a probationary license after serving one year of the three year revocation, if eligible.
Depending on the past driving history, proof of financial responsibility must be filed with the Division and all driver license fees must be paid and tests completed before a license is issued. Points under Montana driving law include:
Under Montana driving law, a person driving while an Habitual Traffic Offender may be imprisoned for a period not to exceed 1 year, fined not more than $1,000, or both. In addition, a 1 year revocation of the license or privilege to drive will be added to the original revocation.
Montana is connected to a nationwide computer system that will search a common computer database to determine if a new applicant for a driver's license is currently suspended or revoked in any jurisdiction.
If you are, you may not make application or renew a license to drive in Montana until your previous driving status is no longer suspended or revoked.
Under Montana driving law, any person who drives while their license or privilege to drive is suspended or revoked in Montana, or any other jurisdiction, may be fined not more than $500, sentenced to a minimum of two days in jail and have an additional period of suspension or revocation added to their record.
In addition, a person operating a motor vehicle while their license is suspended or revoked under Montana driving law for an alcohol offense will have their vehicle seized and rendered inoperable by the court for thirty (30) days.
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