Montana Code 61-5-206. Authority of department to suspend or revoke license or driving privilege — right to hearing
61-5-206. Authority of department to suspend or revoke license or driving privilege — right to hearing. (1) The department may suspend or revoke the driver‘s license or driving privilege of a driver without preliminary hearing upon a showing by its records or other sufficient evidence that the licensee:
Terms Used In Montana Code 61-5-206
- Authorized agent: means a person who has executed a written agreement with the department and is specifically authorized by the department to electronically access and update the department's motor vehicle titling, registration, or driver records, using an approved automated interface, for specific functions or purposes on behalf of a third party. See Montana Code 61-1-101
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Conviction: A judgement of guilt against a criminal defendant.
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- 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
- Suspension: means the temporary withdrawal 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 or be issued a driver's license for a period of time designated by law. See Montana Code 61-1-101
- 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
- Writing: includes printing. See Montana Code 1-1-203
(a)has committed or permitted an unlawful or fraudulent use of the license as specified in 61-5-302;
(b)has falsified the licensee’s date of birth on the application for a driver’s license;
(c)is under 21 years of age and has altered the licensee’s or another’s driver’s license, identification card, or tribal identification card to obtain alcohol; or
(d)has authorized another to use the licensee’s driver’s license, identification card, or tribal identification card to obtain alcohol.
(2)If the department suspends or revokes a driver’s license under 61-5-207 or this section or reinstates a license suspension or revocation upon conviction or forfeiture of bail not vacated of any traffic violation by a person who holds a probationary driver’s license under 61-2-302, the department shall immediately notify the licensee in writing and upon the licensee’s request shall afford the licensee an opportunity for a hearing as early as practical, within 20 days after receipt of the request, in the county in which the licensee resides unless the department and the licensee agree that the hearing may be held in some other county. At the hearing, the department through its authorized agent may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. At the hearing, the department shall either rescind its order of suspension or revocation or, for good cause, may affirm, reduce, or extend the period of suspension or revocation of the license.