How to Fight a Traffic Ticket in Montana

Montana traffic tickets are official notices issued to motorists who violate state traffic laws. The Montana Motor Vehicle Division (MVD) is tasked with maintaining the state’s driver-related information and processing traffic tickets issued by law enforcement officials in Montana.

As with most U.S states, the traffic violations are categorized into two:

• Moving Violations: These are the offenses that occur while the vehicle is in motion. They include drunk driving, running a red light or stop sign, and speeding.
• Non-moving Violations: These are offenses that happen while the car is stationary—including illegal parking.

Montana traffic fines differ by the court and the severity of the offense. Failure to pay ticket fines on time may result in additional charges. Details such as the precise amount, penalties, and deadlines are typically written on the citation. Below is an overview of the Montana point system:

• 3 points for speeding
• 4 points for insurance offenses
• 5 points for reckless driving
• 5 points for racing
• 10 points for DUI offenses

Public records (including those pertaining to traffic violations) can also be accessed through third-party aggregate sites. These websites are a convenient alternative to government-owned resources since they are typically accessible remotely and aggregate records from multiple jurisdictions in one database. To use third-party search engines, inquirers are typically required to provide the following information:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

Third-party sites are operated independently of government sources. Thus, record availability, accuracy, and validity may not be guaranteed.

Is it Worth it To Fight a Traffic Ticket in Montana?

Yes, it may be worth it for motorists in Montana who were wrongly served a citation to contest the ticket in a traffic court. This is because, opting to pay the ticket may be considered an admission of guilt, which may lead to severe penalties.

Similar to other U.S. states, Montana has its point system, and with every citation, motorists accrue points to their license. Penalties begin once an individual gathers a certain amount of points. If a driver accrues too many traffic ticket points, their license may be suspended. Those who earn an estimated 30 points in three years may have their license revoked. According to Montana traffic laws, license suspension is different from revocation. Motorists who get their driver’s licenses revoked are usually considered habitual traffic offenders as defined in Montana code 61–11–213.

Ways to Fight a Traffic Ticket in Montana

Contesting a Montana traffic ticket often translates to a court trial. Hence, concerned parties are advised to seek the services of a traffic attorney. Following the issuance of a ticket, alleged offenders are expected to reply to the indicated court within fifteen days. Generally, the defendant’s representative fights the ticket by:

• Requesting for a contested hearing
• Requesting for discovery
• Gather and present the case in court
• Bargain to get the charges reduced or dropped with the offense

How to Fight a Traffic Ticket Without Going to Court

Alleged offenders may fight a citation out of court by negotiating a bargain plea with the officer/prosecutor. Additionally, most mail-in cases can get dismissed if the accusing officers do not send in their statements or evidence. Outside these scenarios, Montana traffic tickets may not be fought out of court.

How Do You Get a Traffic Ticket Reduced in Montana?

Alleged offenders in Montana may apply for a mitigation hearing to reduce the charge. If the judge rules in favor of the driver, the fines may be reduced. The prosecutor and the offender’s representative could also reach an agreement to replace the traffic ticket with some community service.

Can you Get a Speeding Ticket Dismissed in Montana?

Yes, Montana motorists can get their traffic ticket dismissed by taking a driving school course. This way, Montana road users can get the tickets dismissed, and prevent high insurance rates and traffic points. To do this, offenders may be required to:

• Seek permission from the court
• Enroll in a traffic school
• Finish the school’s course
• Ensure to pass the final exam
• Submit the certificate to the court

Montana speeding laws are subject to predetermined limits; however, a driver is expected to operate the vehicle carefully. As stated in Mt. section 61–8–303, drivers drive at reduced speed rates considering the current weather, road conditions, and visibility. Therefore, in a windy, snowy, wet, and low-visibility condition, motorists are not to drive at the specified speed limit but slower.

What Happens if You Plead Guilty to a Traffic Ticket in Montana?

When a motorist pays a Montana traffic ticket, it may be considered an admission of guilt, which means the alleged offender has waived the right to contest the citation. Therefore, the Montana (DOL) Department of Licensing may suspend the driver’s license. Convicted violators may accrue more points on their driving records, resulting in increased insurance rates.

Through a mitigation hearing, drivers may be required to do any of the following instead of paying the complete fine:

• A community service
• Reduction in fine
• A payment plan every month

How to Find a Traffic Ticket Attorney in Montana

Recipients of a Montana traffic ticket are advised to employ the services of an experienced traffic ticket lawyer in the state. In Montana, traffic attorneys can be found both online and offline. Also, certain third-party websites provide individuals with a list of professional Montana state traffic lawyers. These sites also disclose the credentials of the attorneys.