1. MCA Contents
  2. TITLE 61
  3. CHAPTER 5
  4. Part 2
  5. 61-5-214 Mandatory suspension for failure to appear or comply with criminal sentence -- administrative fee -- notice

Montana Code Annotated 2021

TITLE 61. MOTOR VEHICLES

CHAPTER 5. DRIVER'S LICENSES

Part 2. Revocation, Suspension, or Cancellation of Licenses

Mandatory Suspension For Failure To Appear Or Comply With Criminal Sentence -- Administrative Fee -- Notice

61-5-214. Mandatory suspension for failure to appear or comply with criminal sentence -- administrative fee -- notice. (1) The department shall suspend the driver's license or driving privilege of a person upon receipt of a report from the court, certified under penalty of law and in a form prescribed by the department, that the person:

(a) failed to appear upon an issued complaint, summons, or court order after being charged with a misdemeanor violation under Title 45 or Title 61, chapters 3 through 10, or after posting a driver's license in lieu of bail as provided in 46-9-401(1)(e); or

(b) failed to comply with a sentence imposed pursuant to 46-18-201.

(2) The suspension continues in effect until the court notifies the department that:

(a) the person has either appeared in court or complied with the sentence imposed pursuant to 46-18-201; and

(b) the person has paid the court an administrative fee of $25 if the court was holding the offender's driver's license in lieu of bail under 44-1-1102, 46-9-302, or 46-9-401.

(3) (a) Before a report is submitted under this section, a person must be given written notice that the failure to appear on a criminal charge or comply with a criminal sentence may result in the suspension of the person's driver's license or driving privilege. Initial notice of the possibility of a license suspension must either be included on the summons or complaint and notice to appear form given to the person when charges are initially filed or be contained in a court order, either hand-delivered to the person while in court or sent by certified mail, postage prepaid, to the most current address for that person received by or on record with the court.

(b) The initial notice must be followed by a written warning from the court, sent by first-class mail, advising the person that a license suspension is imminent unless, by a specified date, the failure to appear or comply is remedied or the person appears before the court to contest the impending license suspension.

(4) The court shall deposit any administrative fee received under subsection (2)(b) in the appropriate county or city general fund.

History: En. Sec. 1, Ch. 442, L. 1987; amd. Sec. 68, Ch. 83, L. 1989; amd. Sec. 1, Ch. 263, L. 1989; amd. Sec. 1, Ch. 441, L. 1995; amd. Sec. 2, Ch. 437, L. 2003; amd. Sec. 5, Ch. 465, L. 2003; amd. Sec. 3, Ch. 360, L. 2009; amd. Sec. 2, Ch. 348, L. 2019.