Montana Code Annotated 2021



Part 2. Habitual Traffic Offenders

Definitions -- Habitual Traffic Offenders -- Point Schedule

61-11-203. Definitions -- habitual traffic offenders -- point schedule. (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.

History: En. 31-177 by Sec. 3, Ch. 362, L. 1974; amd. Sec. 48, Ch. 359, L. 1977; R.C.M. 1947, 31-177(1), (2), (5); amd. Sec. 1, Ch. 519, L. 1979; amd. Sec. 12, Ch. 698, L. 1983; amd. Sec. 124, Ch. 370, L. 1987; amd. Sec. 2, Ch. 335, L. 1989; amd. Sec. 6, Ch. 365, L. 1993; amd. Sec. 4, Ch. 393, L. 1995; amd. Sec. 7, Ch. 43, L. 1999; amd. Sec. 20, Ch. 309, L. 1999; amd. Sec. 24, Ch. 395, L. 1999; amd. Sec. 3, Ch. 218, L. 2001; amd. Sec. 6, Ch. 329, L. 2003; amd. Sec. 11, Ch. 556, L. 2003; amd. Sec. 33, Ch. 428, L. 2005; amd. Sec. 231, Ch. 542, L. 2005; amd. Sec. 1, Ch. 155, L. 2009; amd. Sec. 31, Ch. 19, L. 2011; amd. Sec. 5, Ch. 395, L. 2015; amd. Sec. 11, Ch. 445, L. 2019.