Montana Code 61-11-203. 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:
Terms Used In Montana Code 61-11-203
- Commission: means the state transportation commission. See Montana Code 61-1-101
- Conviction: A judgement of guilt against a criminal defendant.
- 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. See Montana Code 61-11-203
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
- Driver: means a person who drives or is in actual physical control of a vehicle. See Montana Code 61-1-101
- 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). See Montana Code 61-11-203
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- License: means any type of license or permit to operate a motor vehicle. See Montana Code 61-11-203
- Motor vehicle: means :
(i)a vehicle propelled by its own power and designed or used to transport persons or property on the highways of the state;
(ii)a quadricycle if it is equipped for use on the highways as prescribed in chapter 9; or
(iii)a golf cart only if it is equipped for use on the highways as prescribed in chapter 9 and is operated pursuant to 61-8-391 or by a person with a low-speed restricted driver's license. See Montana Code 61-1-101
- person: means an individual, corporation, partnership, limited partnership, limited liability company, association, joint venture, state agency, local government unit, another state government, the United States, a political subdivision of this or another state, or any other legal or commercial entity. See Montana Code 61-1-101
- Property: means real and personal property. See Montana Code 1-1-205
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Statute: A law passed by a legislature.
- Traffic: means pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any highways for purposes of travel. See Montana Code 61-1-101
- Traffic regulation: includes any provision governing motor vehicle operation, equipment, safety, or driver licensing. See Montana Code 61-11-203
- Under the influence: has the meaning provided in 61-8-1001. See Montana Code 61-1-101
- Vehicle: means a device in, on, or by which any person or property may be transported or drawn on a public highway, except devices moved by animal power or used exclusively on stationary rails or tracks. See Montana Code 61-1-101
(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.