§ 61-5-201 Authority of department to cancel license
§ 61-5-202 Cancellation of license upon death of person signing minor’s application
§ 61-5-203 Suspending privileges of nonresidents and unlicensed persons
§ 61-5-204 Suspending resident’s license upon conviction in another state
§ 61-5-205 Mandatory revocation or suspension of license upon certain convictions — duration of action — exceptions
§ 61-5-206 Authority of department to suspend or revoke license or driving privilege — right to hearing
§ 61-5-207 Reexamination or medical evaluation — when required
§ 61-5-208 Period of suspension or revocation — limitation on issuance of probationary license — notation on driver’s license
§ 61-5-209 Surrender and return of license upon suspension or revocation
§ 61-5-210 No operation under foreign license during suspension or revocation in this state
§ 61-5-211 Right of appeal to court
§ 61-5-212 Driving while license suspended or revoked — penalty — second offense of driving without licensing exemption
§ 61-5-213 Conviction defined
§ 61-5-214 Mandatory suspension for failure to appear or comply with criminal sentence — administrative fee — notice
§ 61-5-215 Provisional licenses prohibited
§ 61-5-216 Reinstatement of license
§ 61-5-217 Suspending privileges of persons under 18 years of age
§ 61-5-218 License reinstatement fee following license suspension or revocation
§ 61-5-219 Discount on license reinstatement fee — completion of driver rehabilitation program
§ 61-5-220 Renumbered 61-5-146
§ 61-5-221 Renumbered 61-5-147
§ 61-5-231 Authorization of probationary license by DUI court
§ 61-5-232 Restricted-use driving permit — conditions — definitions

Terms Used In Montana Code > Title 61 > Chapter 5 > Part 2 - Revocation, Suspension, or Cancellation of Licenses

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Authorized agent: means a person who has executed a written agreement with the department and is specifically authorized by the department to electronically access and update the department's motor vehicle titling, registration, or driver records, using an approved automated interface, for specific functions or purposes on behalf of a third party. See Montana Code 61-1-101
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Commercial motor vehicle: means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the vehicle:

    (i)has a gross combination weight rating or a gross combination weight of 26,001 pounds or more, whichever is greater, inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds;

    (ii)has a gross vehicle weight rating or a gross vehicle weight of 26,001 pounds or more, whichever is greater;

    (iii)is designed to transport at least 16 passengers, including the driver;

    (iv)is a school bus; or

    (v)is of any size and is used in the transportation of hazardous materials. See Montana Code 61-1-101

  • Commission: means the state transportation commission. See Montana Code 61-1-101
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • 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.
  • 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

  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonresident: means a person who is not a Montana resident. See Montana Code 61-1-101
  • Operator: means a person who is in actual physical control of a motor vehicle. See Montana Code 61-1-101
  • Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
  • 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
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • public highway: means the entire width between the boundary lines of every publicly maintained way when any part of the publicly maintained way is open to the use of the public for purposes of vehicular travel. See Montana Code 61-1-101
  • register: means the act or process of creating an electronic record, maintained by the department, of the assignment of a license plate or a set of license plates to and the issuance of a registration decal for a specific vehicle, the ownership of which has been established or is presumed in department records. See Montana Code 61-1-101
  • Revocation: means the termination by action of the department of a person's driver's license, privilege to drive a motor vehicle on the public highways, and privilege to apply for and be issued a driver's license for a period of time designated by law, during which the license or privilege may not be renewed, restored, or exercised. See Montana Code 61-1-101
  • 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
  • Summons: Another word for subpoena used by the criminal justice system.
  • Suspension: means the temporary withdrawal by action of the department of a person's driver's license, privilege to drive a motor vehicle on the public highways, and privilege to apply for or be issued a driver's license for a period of time designated by law. See Montana Code 61-1-101
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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
  • 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
  • Writing: includes printing. See Montana Code 1-1-203