Montana § 61-11-203 - Definitions -- Habitual Traffic Offenders -- Point Schedule

§ 61-11-203. Definitions -- Habitual Traffic Offenders -- Point Schedule

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.