{"data":{"id":"us-mt/61-11-203","jurisdiction":"us-mt","citation":"61-11-203","heading":"Definitions -- habitual traffic offenders -- point schedule.","body":"(1) As used in this part, the following definitions apply:\n(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.\n(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).\n(c) \"License\" means any type of license or permit to operate a motor vehicle.\n(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.\n(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.\n(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:\n(a) deliberate homicide resulting from the operation of a motor vehicle, 15 points;\n(b) mitigated deliberate homicide, negligent homicide resulting from operation of a motor vehicle, or negligent vehicular assault, 12 points;\n(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;\n(d) driving while under the influence of intoxicating liquor or narcotics or drugs of any kind, 10 points;\n(e) operating a motor vehicle while the license to do so has been suspended or revoked, 6 points;\n(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;\n(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;\n(h) reckless driving, 5 points;\n(i) illegal drag racing or engaging in a speed contest in violation of the law, 5 points;\n(j) any of the mandatory motor vehicle liability protection offenses, 5 points;\n(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.\n(l) speeding, except as provided in 61-8-725(2)(a), 3 points;\n(m) all other moving violations, 2 points.\n(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.","path":["TITLE 61. MOTOR VEHICLES","CHAPTER 11. RECORDS AND REPORTS OF CONVICTIONS","Part 2. Habitual Traffic Offenders"],"source_url":"https://mca.legmt.gov/bills/mca/title_0610/chapter_0110/part_0020/section_0030/0610-0110-0020-0030.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:58:02Z","sha256":"9a347f4ee9a8e2751138bc499bd43e83bd3faa69c68062a2469a39ca0ace814d","source_id":"us-mt","stale":false,"prev":"us-mt/61-11-202","next":"us-mt/61-11-204"},"notice":"GroundRules: Original legal text. Not legal advice."}