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Current as of January 01, 2024 | Updated by Findlaw Staff
(1) As used in this part, the following definitions apply:
(a) “Conviction” has the meaning provided in 61-5-213 resulting from a violation of traffic regulations on highways in this state or a traffic statute or traffic regulation in another jurisdiction.
(b) “Habitual traffic offender” means any person who within a 3-year period accumulates 30 or more conviction points according to the schedule specified in subsection (2).
(c) “License” means any type of license or permit to operate a motor vehicle.
(d) “Moving violation” means a violation of a traffic regulation of this state or another jurisdiction by a person while operating a motor vehicle or in actual physical control of a motor vehicle upon a highway.
(e) “Traffic regulation” includes any provision governing motor vehicle operation, equipment, safety, or driver licensing. A traffic regulation does not include provisions governing vehicle registration or local parking.
(2) Subject to subsection (3), when the department receives a report of conviction, the department shall assign points based on the point schedule to determine whether an individual is a habitual traffic offender, as follows:
(a) deliberate homicide resulting from the operation of a motor vehicle, 15 points;
(b) mitigated deliberate homicide, negligent homicide resulting from operation of a motor vehicle, or negligent vehicular assault, 12 points;
(c) any offense punishable as a felony under the motor vehicle laws of Montana or any felony in the commission of which a motor vehicle is used, 12 points;
(d) driving while under the influence of intoxicating liquor or narcotics or drugs of any kind, 10 points;
(e) operating a motor vehicle while the license to do so has been suspended or revoked, 6 points;
(f) failure of the driver of a motor vehicle involved in an accident resulting in death or injury to any person to stop at the scene of the accident and give the required information and assistance, 8 points;
(g) willful failure of the driver involved in an accident resulting in property damage of $1,000 to stop at the scene of the accident and give the required information or failure to otherwise report an accident in violation of Title 61, chapter 7, 4 points;
(h) reckless driving, 5 points;
(i) illegal drag racing or engaging in a speed contest in violation of the law, 5 points;
(j) any of the mandatory motor vehicle liability protection offenses, 5 points;
(k) operating a motor vehicle without a license to do so, 2 points. However, this subsection (2)(k) does not apply to operating a motor vehicle within a period of 180 days from the date the license expired.
(l) speeding, except as provided in 61-8-725(2)(a), 3 points;
(m) all other moving violations, 2 points.
(3) If there are two or more convictions involving a single occurrence, only the number of points for the specific conviction carrying the highest points is chargeable against that defendant.
Cite this article: FindLaw.com - Montana Title 61. Motor Vehicles § 61-11-203. Definitions--habitual traffic offenders--point schedule - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-61-motor-vehicles/mt-st-61-11-203/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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