Montana Code Annotated 2023



Part 3. Warrantless Arrest and Notice to Appear

Notice To Appear

46-6-310. Notice to appear. (1) Whenever a peace officer is authorized to arrest a person without a warrant, the officer may instead issue the person a notice to appear.

(2) The notice must:

(a) be in writing;

(b) state the person's name and address, if known;

(c) set forth the nature of the offense;

(d) be signed by the issuing officer;

(e) direct the person to appear before a court at a certain time and place; and

(f) state that failure to appear may result in the suspension of the person's driver's license.

(3) Upon failure of the person to appear, a summons or arrest warrant may be issued.

History: En. 95-614 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-614; amd. Sec. 24, Ch. 800, L. 1991; Sec. 46-6-404, MCA 1989; redes. 46-6-310 by Code Commissioner, 1991; amd. Sec. 1, Ch. 360, L. 2009.