Mont. Code Ann. § 61-5-214
Mandatory suspension for failure to appear or comply with criminal sentence -- administrative fee -- notice
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.
(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.