Montana Code 61-11-213. Habitual traffic offender operating motor vehicle guilty of misdemeanor
61-11-213. Habitual traffic offender operating motor vehicle guilty of misdemeanor. A person who is declared to be a habitual traffic offender under this part who operates a motor vehicle in this state during the period of revocation of the person’s driver‘s license or driving privileges is guilty of a misdemeanor and upon conviction shall be imprisoned for a period of not less than 14 days or more than 1 year or fined not more than $1,000, or both, and the department, upon receiving a record of the conviction of a person under this section, shall extend the period of revocation for an additional 1 year. However, in cases in which the prohibited operation of a motor vehicle by a habitual traffic offender is necessitated in a situation of extreme emergency in order to save life, limb, or property, the person may not be considered guilty of a violation under this part.
Terms Used In Montana Code 61-11-213
- Conviction: A judgement of guilt against a criminal defendant.
- 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. See Montana Code 61-11-203
- 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
- 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). See Montana Code 61-11-203
- License: means any type of license or permit to operate a motor vehicle. See Montana Code 61-11-203
- 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
- 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
- Property: means real and personal property. See Montana Code 1-1-205
- 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
- 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
- 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