Montana Traffic Violations

Adopting Montana's traffic laws is crucial for promoting safe and lawful driving practices. These regulations play a vital role in protecting the well-being of all individuals on the road and safeguarding property while helping drivers avoid legal troubles and their repercussions.

Multiple state agencies collaborate to enforce and oversee Montana's traffic laws. The Motor Vehicle Division (MVD), a part of the Montana Department of Justice (DOJ), works in conjunction with the Montana Highway Patrol (MHP) and local law enforcement agencies to ensure compliance with these regulations.

The Montana Judiciary system addresses traffic violations through the District Courts. These courts handle a wide spectrum of offenses, ranging from minor infractions to more severe violations. Even if a traffic violation leads to a misdemeanor or felony charge, it falls under the jurisdiction of the District Courts.

Drivers who breach Montana's traffic laws may encounter various penalties, including fines, demerit points, or potential suspension or revocation of their driving privileges. To avoid these consequences, drivers must adhere to traffic laws diligently and contribute to enhancing overall road safety.

What Are the Major Traffic Violations in Montana?

Montana enforces strict regulations regarding traffic violations. Drivers must know these infractions to avoid penalties and guarantee their safety. Here are some of the significant traffic violations in Montana:

Reckless Driving

As per Montana Code Section 61-8-301, reckless driving or the willful or wanton disregard for the safety of others or properties is a traffic offense. That is because this act leads to an increased risk of accidents, injuries, and property damage.

Penalties for reckless driving include the following as per Section 61-8-715:

• Fines: Up to $500 for the first offense, $1,000 for the second and subsequent offenses
• Imprisonment: Up to 90 days for the first offense, up to six months for the second and subsequent offenses
• Demerit points: Possible addition of demerit points on the individual's driving record

Suppose the reckless driving of the individual causes a serious injury or the death of another person. In that case, their fine might rise to $10,000, and they could be incarcerated for up to one year.

Excessive Speeding

All drivers in Montana must drive within the prescribed speed limits for specific roadways as per Section 61-8-303:

• Interstate highways outside urban areas: 80 miles per hour (mph) at all times
• Interstate highways within urban areas 65 mph at all times
• Other public highways: 70 mph (daytime), 65 mph (nighttime)
• Two-lane roads: 70 mph (daytime), 65 mph (nighttime)
• Urban district: 25 mph

Speeding beyond these limits can potentially lead to severe accidents. Hence, those guilty of committing them will face demerit points, potential license suspension, and the following fines as per Section 61-8-725:

• Up to 10 mph over the limit: $40 fine
• 11-20 mph over the limit: $70 fine
• 21-30 mph over the limit: $120 fine
• 31 mph or more over the limit: $200 fine

Fleeing or Eluding Peace Officer

Fleeing or eluding a peace officer is considered a serious offense in Montana. Under Section 61-8-316, individuals who flee or evade law enforcement face the following penalties, depending on whether there is injury or death involved:

• No injury or death:
• A fine of up to $2,000
• Imprisonment of up to one year
• Serious bodily injury or death:
• A fine of up to $10,000
• Imprisonment of up to ten years

The court may suspend the offender's driver's license for a period determined by the severity of the offense and any prior violations.

Driving Under the Influence (DUI)

In Montana, driving under the influence (DUI) is considered a severe offense, with stringent penalties designed to discourage impaired driving and promote public safety.

According to Montana Code Section 61-8-1002, the state must prove beyond a reasonable doubt that an individual was impaired to establish a DUI offense. It means demonstrating that the person's ability to operate a motor vehicle was compromised due to alcohol and/or drugs. This standard applies to both regular and commercial vehicles.

Montana law also recognizes DUI per se, which doesn't require proof of impairment but is based on specific blood alcohol concentration (BAC) or breath alcohol concentration (BrAC) limits:

• For non-commercial vehicles: 0.08%
• For commercial motor vehicles: 0.04%
• For drivers under 21 years of age: 0.02%

Additionally, Montana law includes a per se limit for tetrahydrocannabinol (THC). If a person's THC level is five ng/ml or higher, they can be charged with DUI per se.

If convicted, the individual may incur the following penalties as per Section 61-8-1007:

• First Offense
• Standard:
• 24 hours to six months in jail
• A fine of $600 to $1,000
• With passengers under 16:
• 48 consecutive hours to one year in jail
• A fine of $1,200 to $2,000
• Second Offense
• Standard:
• Seven days to one year in jail
• A fine of $1,200 to $2,000
• With passengers under 16:
• 14 days to one year in jail
• A fine of $2,400 to $4,000
• Third Offense:
• Standard:
• 30 days to one year in jail
• A fine of $2,500 to $5,000
• With passengers under 16:
• 60 days to one year in jail
• A fine of $5,000 to $10,000

The driver may also face suspension of their driving license for up to six months for the first offense and up to one year for subsequent offenses. The penalties also escalate for fourth and subsequent offenses as per Section 61-8-1008.

Drivers convicted of DUI for the second or subsequent time may also be required to do the following as per the 24/7 Sobriety Program:

• Undergo breath tests two times daily or a wear
• Wear a bracelet to monitor alcohol levels

Montana Implied Consent Law

In Montana, operating a vehicle on any public-accessible road, including private roads and parking lots, implies the driver's consent to undergo breath or blood tests for alcohol or drugs. Law enforcement officers have the discretion to select which tests to administer, and they must inform the driver of their right to refuse these tests.

However, refusal comes with significant consequences. A driver who declines to take these tests faces a potential license suspension for up to one year.

Additionally, the court may interpret this refusal as indicating that the driver was under the influence, although this inference can be challenged or disputed in legal proceedings. The implied consent law serves as a tool for law enforcement to enforce DUI laws and encourages compliance with sobriety testing during traffic stops.

Driving Without Insurance

Montana requires all drivers to carry the minimum liability insurance for their vehicles for coverage in the event of an accident. The specifics of these requirements are outlined in Section 61-6-103 of the Montana Code:

• Bodily injury liability: $25,000 per person or $50,000 per accident
• Property damage liability: $20,000 per accident

Conviction of driving without insurance can incur any or a combination of the following penalties as per Section 61-6-304:

• First Offense:
• A fine of $250 and $500
• Up to 10 days in jail
• Second Offense:
• A fine of at least $350
• Up to 10 days in jail
• Possible revocation of license of up to 90 days
• Third and Subsequent Offenses:
• A fine of $500
• Imprisonment of up to six months
• Possible revocation of license for a certain period

How Does Montana's Point System Work?

Montana utilizes a point system for tracking traffic violations. Drivers begin with zero points and accumulate them for various offenses. The accumulation of points can lead to penalties, making it crucial for drivers to understand the system to maintain a clean driving record.

As per Section 61-11-203 of the Montana Code, some of these traffic violations with their corresponding points are the following:

• Deliberate vehicle homicide: 15 points
• Driving while intoxicated: 10 points
• Driving with a suspended or revoked license: 6 points
• Fleeing scene an accident (with injury or death): 8 points
• Feeling scene an accident (property damage of $1,000): 4 points
• Reckless driving: 5 points
• Drag racing: 5 points
• Driving without a license: 2 points
• All other moving violations: 2 points

Point Accumulation

In Montana, accumulating traffic violation points can result in various consequences for drivers. The state employs a tiered system of penalties based on the number of points accrued over specific periods.

When a driver accumulates six points within an 18-month timeframe, they must attend a driver counseling session or retake the driver's license exam. Failure to comply with this requirement results in a three-month license suspension.

If a driver amasses 15 or more points in 36 months, they receive a notice of suspension. This suspension lasts for six months.

Drivers who accumulate 30 or more points in three years are designated habitual violators. In such cases, the driver's license is officially revoked for at least three years, with notification sent by mail.

After serving a three-year revocation, drivers can reapply for a license. This process involves retaking the required tests and maintaining proof of insurance for three years.

Point Retention

In Montana, traffic ticket points remain on a driver's record for three years before expiring. Additionally, all points are removed when a driver's license is revoked.

The state offers a driver rehabilitation program for suspended drivers or those who have served at least one year of a three-year revocation. Participants may be required to complete driver safety courses and retake license tests but can obtain a restricted license.

This restricted license allows driving to and from work and school during the suspension or revocation period, providing a means for drivers to maintain essential transportation needs while addressing their driving infractions.

What Is the Process for Handling Traffic Tickets in Montana?

When Montana drivers receive a traffic ticket, they have multiple options for addressing the situation. The most straightforward approach is to accept the citation by paying the associated fine. This action effectively serves as a guilty or no-contest plea and adds points to the driver's record.

Paying the Fine

Drivers can pay their fines in the following ways:

• Online: Many Montana courts allow payment of traffic tickets online through their website or the Montana Courts' Online Payment System.
• By Mail: A check or money order can be mailed to the court listed on the ticket.
• In-Person: Drivers can visit the court listed on the ticket to pay the fine in person.
• By Phone: Some courts offer payment by phone. Drivers should check the instructions on their ticket or the court's website.

Drivers should be aware that additional fees, such as processing fees, may apply depending on the chosen payment method. Failing to pay the fine by the due date can result in additional penalties, including late fees, a warrant for arrest, or suspension of the driver's license.

Contesting the Ticket Citation

Drivers can also contest the traffic ticket. To contest a traffic ticket in Montana, drivers must plead not guilty. Depending on the court's procedures, it can typically be done by mail, in person, or sometimes by phone. Instructions for pleading not guilty are usually provided on the back of the ticket.

After entering a not-guilty plea, the driver will receive a court date for a hearing. This hearing allows the driver to present their case before a judge. The driver must appear in court on the designated court date to present their case. The officer who issued the ticket may also be present to testify.

After the hearing, the charges will be dismissed if the driver is found not guilty. If found guilty, the driver must pay the fine and any court costs, and the violation will be added to their driving record.

Possible outcomes of contesting a ticket include:

• Dismissal: If the court finds the driver's favor, the ticket will be dismissed, and no fine will be required.
• Reduced Charges: In some cases, the judge may reduce the charges, resulting in a lower fine or fewer points on the driver's record.
• Guilty Verdict: If the judge finds the driver guilty, they must pay the fine and any additional court costs.

How Are Accident Reports Handled in Montana?

Accident reports in Montana are essential to documenting vehicle collisions, especially when they result in injuries, fatalities, or significant property damage. Here's a guide on handling accident reports, including filing and obtaining copies.

Filing an Accident Report

In Montana, drivers involved in vehicle crashes have specific reporting responsibilities based on the severity of the incident. Drivers must immediately notify local law enforcement if the crash results in:

• Injury or death to any person
• Property damage exceeding $500

Drivers must file a report themselves in two scenarios:

• If the investigating officer or agency doesn't produce a written report
• If the crash causes:
• Damage exceeding $1000
• Severe injury
• Death

In cases requiring self-reporting, drivers must submit a Montana Highway Patrol Vehicle Crash Report within ten days of the incident to:

In addition to official reporting, Montana drivers involved in accidents are advised to capture photographic evidence of involved vehicles, visible damage, road conditions, and relevant traffic signs or signals.

For those seeking guidance on proper accident documentation, the WreckCheck App is available for Android and iPhone users. It offers a checklist of actions to take during vehicle accidents.

These additional measures can help drivers accurately record accident details, which may prove valuable for insurance claims, legal proceedings, or personal records. The availability of digital and printable resources ensures drivers can choose the documentation method that best suits their preferences and circumstances.

Obtaining an Accident Report

The MHP maintains confidentiality for most of its records. The office refrains from disclosing any information related to a crash except for a crash report number provided via phone or email. Individuals seeking specific details, such as the crash's date or time, must request the report. Requests from non-entitled parties will be rejected.

All types of records are not processed online. Requests must be submitted by mail along with the required documentation and fees. Drivers can use the Crash Release Form. This form is intended to request a copy of a Crash Report, with a non-refundable fee of $2 applicable to all crash reports.

Payments can only be made in cash, check, or money order, as electronic payments are not accepted. For purchase and authorization purposes, the Crash Release Forms must be mailed.

While a crash number is not mandatory for report requests, providing detailed information about the crash facilitates the swift retrieval and delivery of the crash report. Legible printing is recommended.

For photo requests, a non-refundable fee of $10 is applicable. Photos will be delivered on a CD either by mail or the State File Transfer Service if an email address is provided. Requests for videos, such as dash cam footage, incur a $25 non-refundable fee and will be delivered via mail on a CD or USB drive.

Not all crashes will have accompanying video footage and video requests should be directed to the Records Department. For other data requests, pricing will vary and can be processed through Records upon request. Also, the MHP doesn't retain city or county-investigated crash photos.

How Accident Reports Affect Insurance and Legal Matters

In Montana, accident reports are crucial in insurance claims and legal matters related to vehicle incidents. Insurance providers rely heavily on these reports to evaluate faults and determine accident liability.

These comprehensive documents contain vital information about the accident, including:

• Identities of involved parties
• Precise location and time of the incident
• Prevailing weather conditions
• Witness statements

This detailed information assists insurers in the following:

• Assessing liability
• Processing claims efficiently
• Determining appropriate compensation for damages, medical expenses, and other related costs

Well-documented and thorough accident reports streamline the claims process, allowing insurance companies to swiftly make informed coverage and compensation decisions.

In legal contexts, especially cases involving severe injuries or disputed accounts, accident reports are invaluable. They serve as:

• A foundation for establishing facts and context
• Critical evidence in court proceedings
• A tool for reconstructing the sequence of events
• A means to identify contributing factors (e.g., road conditions, traffic violations)

These reports assist attorneys and courts in pursuing fair resolutions by providing an objective account of the incident. They help establish the actions of involved parties and any external factors that may have contributed to the accident.

What Should Drivers Know about Traffic-Related Arrests in Montana?

Drivers in Montana should be aware of the implications of traffic-related arrests in the state. These arrests can result from various offenses, such as reckless driving and driving with a suspended license, typically during routine traffic stops.

Law enforcement officers have the authority to conduct field sobriety tests to assess impairment, request breathalyzer samples to determine blood alcohol content, and collect evidence like witness statements or video footage to establish grounds for arrest.

Drivers must understand their rights when arrested, including the right to remain silent, get legal counsel, and be informed of the charges against them. Following an arrest, drivers may face legal consequences such as fines, driving privilege suspension, and criminal charges.

Apart from the legal repercussions, traffic-related arrests can result in emotional distress, strained relationships, and damage to one's reputation. Therefore, drivers need assistance from experienced criminal defense attorneys who can provide guidance, protect their rights, and strive for favorable outcomes in such cases.