Montana has habitual violator laws to identify dangerous and negligent drivers. Under this system, the traffic court reports all moving violation convictions to the Montana Motor Vehicle Division (MVD). The MVD will then assign a certain number of points to the driver's record. The number of points corresponds to the seriousness of the traffic violation. Acquiring too many points in a three-year period will result in license revocation and other penalties.
Montana assigns the following point values to moving violations.
|
Violation |
Points Assessed |
|
15 |
|
|
Vehicular manslaughter |
12 |
|
Felony involving vehicle |
12 |
|
10 |
|
|
6 |
|
|
Failure to stop for accident involving injury |
8 |
|
Failure to stop for accident involving damage |
4 |
|
5 |
|
|
5 |
|
|
Insurance violation |
5 |
|
Fleeing or eluding officer |
5 |
|
Driving without license |
2 |
|
Speeding above posted limit |
3 |
|
Speeding above prudent speed |
2 |
|
All other moving violations |
2 |
Counseling. After accumulating six points in an 18-month period, a driver will be required to attend a driver counseling session or to retake the driver's license exam. Failure to complete the requirement will result in a three-month license suspension.
Suspension. A driver with at least 15 points in a 36-month period will receive a notice of suspension. The period of suspension will be six months.
Revocation. Any driver who accumulates at least 30 points in a three-year period will be designated as a habitual violator. The driver will receive a notice in the mail indicating the driver's license is officially revoked for at least three years. After three years of revocation, the driver can apply for a driver's license. The driver must retake the required tests and maintain proof of insurance for three years.
Prior to license reinstatement, the driver must pay a reinstatement fee, provide proof of insurance, and may need to complete driver improvement counseling.
Appeal. Within 30 days of receiving a notice of revocation, a driver can "petition for review" with the district court. The revocation is not stayed during the review and the court can review only the record and accuracy of the revocation. In other words, if the convictions upon which the revocation is based are valid, the court isn't going to change anything in the driver's favor.
Point removal. Points expire after three years. Also, all points are removed after a driver's license is revoked.
Drivers who are suspended or have served at least one year of a three-year revocation can participate in the driver rehabilitation program. Participants in the program might be required to complete driver safety courses and retake license testing but are eligible for a restricted license. This restricted license can be used during the suspension or revocation period for driving to and from work and school.