Montana Traffic Violation Records
Table of Contents
Traffic violation records are official documents that detail instances where individuals have broken the state's traffic laws. These records are primarily maintained by the Montana Department of Justice Motor Vehicle Division (MVD) and the Montana Judicial Branch, particularly through the courts that handle traffic cases.
Montana, like most states, records common violations such as speeding, reckless driving, driving under the influence (DUI), and driving without a valid license or insurance. Speeding remains one of the most frequently issued traffic citations in the state. About 9.41% of drivers in the state have a prior speeding violation on their record. Montana's Motor Vehicle Division (MVD) assigns specific point values to traffic violations. These points are tracked on a driver's record and may result in license suspension or revocation if certain set thresholds are reached.
Are Traffic Violations Records Public in Montana?
Basic traffic violation records are generally considered public records in Montana. However, access to the personal information contained in personal driving records is governed by strict federal and state privacy laws. Complete driving records are considered private and are not publicly accessible without the driver's consent. Individuals may request their own complete driving records.
Therefore, both the traffic violation records maintained by the Motor Vehicle Division of the Department of Justice and court records related to traffic crimes maintained by the state courts may be accessed by interested persons. Note that traffic misdemeanors and other serious violations of state traffic laws are heard in the municipal, city, and justice courts, depending on the severity of the case.
How To Look Up Traffic Tickets in Montana?
You may look up traffic ticket information in Montana using the Limited Jurisdiction Courts Public Access Portal provided by the state judiciary. To begin:
- Select the court handling the matter via the court menu at the bottom of the homepage
- Click on "LOG IN."
- Click on "Citation Search" under the search dropdown menu
- Provide the citation number in the search field and click "Search."
- Review the search results and access ticket information
Alternatively, you may use a third-party service such as the one provided by PublicRecord.us to look up traffic tickets in Montana.
Where Do I Pay Traffic Violations?
You may pay traffic fines online via the Montana Courts Online Payment System. The state partners with CitePayUSA to provide online payment access to the public. To use this portal, select the court handling the case on the portal's homepage and click on "Make a Payment." You will need your citation number or case number and date of birth to complete the payment. Note that it may take up to seven business days for a new citation to be available for online payment. If you are unable to find a recent citation, you may call the court or the CitePayUSA Customer Service line at (888) 407-0931.
Alternatively, you may visit the court in person to pay directly to the court. Some jurisdictions also permit payment by mail. Hence, you may contact the court to verify if the mail payment option is allowed.
How Much Does It Cost To Request Your Driving Records Online?
You may obtain your Montana driving record online via the state MVD's online service page or via mail. To use the online service page option, you will need your full name, driver's license or state ID number, and the last six digits of your Social Security number. If you prefer the mail option, you must send a completed Montana Driver Record Request form to the MVD's address printed on the form. The state charges $4.12 for a standard driving record, while a certified driving record costs $10.30 per record. Note that mail records attract an additional $3.09 per mailing (unless a self-addressed, stamped envelope is included in the application), while a digital file transfer or fax record costs $3.09 for the first five pages.
Montana driving records contain a lifetime history of a driver's information. However, certain data, such as conviction points, typically remain on record for three years before they expire. A Montana driving record contains details such as licensing information, convictions, sanctions, and accident history.
What Are Moving and Non-Moving Violations in Montana?
Moving violations in Montana occur when a driver breaks a traffic law while the vehicle is in motion. These offenses are considered serious and are recorded on the driver's record, potentially impacting insurance rates and leading to points assessed by the Motor Vehicle Division. Accumulating excessive points may result in penalties such as mandatory driver improvement courses, probation, or even license suspension.
Examples of moving violations in Montana include:
- Speeding
- Driving under the influence
- Careless or reckless driving
- Failing to stop at a red light or stop sign
- Tailgating
- Improper lane changes or turns
- Failure to yield the right of way
According to Montana Code Annotated § 61-11-203, each moving violation carries a point value ranging from 2 to 15 points. Drivers who accumulate 30 or more points within 3 years may have their license revoked.
Non-moving violations, on the other hand, typically occur when the vehicle is stationary or the offense is unrelated to vehicle movement. These violations do not usually add points to a driver's record but may result in fines and administrative penalties.
Examples of non-moving violations in Montana include:
- Parking violations
- Driving with expired registration or tags
- Equipment violations, such as broken headlights or taillights
- Obstructed or missing license plates
Note that repeat non-moving violations may potentially contribute to legal or administrative consequences.
How Long Does a DUI Stay on Your Record in Montana?
A DUI conviction remains on your driving record for life in Montana. While conviction points are removed after three years, the conviction itself becomes a permanent part of your driving record. This is part of the state's effort to ensure that motorists drive safely on state roads. Despite the state's strict stance on drunk driving, Montana is rated in the top seven states for drunk-driving-related deaths in the United States. The Treasure State records about 440 DUI arrests and 8 DUI road fatalities per 100,000 drivers.
DUI penalties in Montana include the following:
- First Offense (Misdemeanor)
- Jail Time: Minimum of 24 consecutive hours, up to 6 months.
- Fines: Between $600 and $1,000.
- License Suspension: 6 months.
- Additional Requirements:
- Completion of a chemical dependency assessment and a 12-hour education course.
- Possible participation in a 24/7 sobriety and drug monitoring program.
- Installation of an ignition interlock device may be mandated.
- Second Offense (Within 10 Years)
- Jail Time: Minimum of 7 days, up to 1 year.
- Fines: Between $1,200 and $2,000.
- License Suspension: 1 year.
- Additional Requirements:
- Mandatory chemical dependency treatment.
- Participation in a 24/7 sobriety and drug monitoring program.
- Installation of an ignition interlock device is required.
- Third Offense
- Jail Time: Minimum of 30 days, up to 1 year.
- Fines: Between $2,500 and $5,000.
- License Suspension: 1 year.
- Additional Requirements:
- Mandatory chemical dependency treatment.
- Participation in a 24/7 sobriety and drug monitoring program.
- Installation of an ignition interlock device is required.
- Fourth or Subsequent Offense (Felony)
- Imprisonment: Minimum of 13 months in a correctional facility or treatment program, followed by a suspended sentence of up to 5 years under community supervision.
- Fines: Between $5,000 and $10,000.
- Additional Requirements:
- Mandatory participation in a treatment court program, if eligible.
- Installation of an ignition interlock device is required.
Be aware that Montana enforces stricter penalties for aggravated DUI offenses, such as having a blood alcohol concentration (BAC) of 0.16% or higher. Under "Bobby's Law," enacted in April 2025, drivers with a BAC of 0.16% or higher who cause a fatal accident may be charged with aggravated vehicular homicide. Penalties include:
- Imprisonment: Minimum of 3 years, up to 30 years.
- Fines: Between $10,000 and $50,000.
What Are the Penalties for Breaking the Speed Limit in Montana?
Speed limits in Montana are established based on road type, location, and time of day. Violations of these limits may result in fines and other penalties. Unless otherwise posted, the following are the absolute speed limits in the state:
- Interstate Highways:
- 80 mph on rural interstates
- 65 mph within urbanized areas
- Urban Districts:
- 25 mph
- U.S. Highway 93 (between the Canadian and Idaho borders):
- 65 mph at all times
- Other Public Highways:
- 70 mph during the day.
- 65 mph during nighttime
Maine defines "daytime" as one-half hour before sunrise to one-half hour after sunset; "nighttime" encompasses all other times.
Montana imposes fines as penalties for speed violations based on how much a driver exceeds the speed limit:
- 1-10 mph over the limit: $20-$40 fine
- 11-20 mph over the limit: $70 fine
- 21-30 mph over the limit: $120 fine
- 31+ mph over the limit: $200 fine
Note that for violations exceeding the speed limit by no more than 10 mph during the daytime or 5 mph during the nighttime, the offense is not recorded on the driver's record, and insurance companies are prohibited from increasing premiums based on such violations. Also, fines for speeding in school zones are doubled. In addition, for commercial drivers, speeding violations are recorded on the driver's record regardless of the amount over the limit.
In addition to fines, the state imposes fines the state punishes speed limit violations with the addition of demerit points on driving records. Typically, speeding violations result in the addition of three demerit points to an offender's driving record. The state also enforces penalties based on the accumulation of demerit points within 36 months:
- 15 Points: License suspension for 6 months.
- 30 Points: Designation as a Habitual Traffic Offender (HTO), leading to a 3-year license revocation.
How Long Does a Speeding Ticket Stay on Your Record in Montana?
A traffic conviction in Montana stays on your driving record indefinitely. However, the points for the conviction remain on the individual's driving record for three years from the conviction date.
How To Appeal A Traffic Ticket?
If you have been issued a traffic ticket in Montana, you may defend yourself in court using the following strategies:
- Challenge the Accuracy of the Officer's Observations: You may argue that the officer misjudged the situation. For example, if you were accused of speeding, you may question whether the radar gun was properly used or calibrated.
- Present Evidence of a Justifiable Emergency: If you were breaking a traffic rule due to an emergency, such as rushing someone to the hospital, you may present this as a valid defense.
- Dispute the Identification of Your Vehicle: If the officer may have confused your vehicle with another similar one, especially in heavy traffic or poor visibility, you may argue mistaken identity.
- Absence of Speed Limit Sign: If you received a speeding ticket in an area where no speed limit signs were posted, you may argue that you were not properly informed of the expected speed.
- Procedural Errors Grounds: Examples of procedural errors in a Montana traffic case include the officer failing to appear in court for a hearing and the citation containing incorrect information, such as the wrong date, location, vehicle details, and offense description. If any of these errors can be proven, you may ask the court to dismiss the case on the grounds that your legal rights were compromised.
Note that it is advisable to hire a traffic attorney experienced in Montana when the stakes are high or the case is complicated. If you are facing serious consequences, such as a DUI, reckless driving, or possible license suspension due to multiple violations, legal representation may help lower the consequences for your actions.
How To Resolve an Out-of-State Traffic Ticket?
Montana's participation in the Driver License Compact (DLC) means that if you commit a traffic offense in another DLC member state, that information will be reported to the Montana Motor Vehicle Division (MVD), and the offense may appear on your Montana driving record. If you have been issued an out-of-state ticket, you may resolve it by taking these steps:
- Contact the Issuing Court: This step is necessary to ensure that you understand your options and the proper procedures for resolving the matter. When you reach out, ask whether you are required to appear in person or if remote resolution options, such as a written defense or virtual court appearance, are available.
- Resolve It Remotely, If Possible: Many states allow individuals to either pay fines online or submit written statements in lieu of appearing in person. If this is possible, you may take the necessary steps without appearing in person
- Hire a Local Traffic Attorney: For more serious violations, such as reckless driving, excessive speeding, or driving under the influence, it is advisable to hire a local attorney practicing in the state where the ticket was issued.
- Request a Deferral or Driver Course (If Offered): Some states offer alternatives to direct penalties, such as deferred adjudication programs or traffic school. A deferral program allows you to keep the violation off your record provided you meet certain conditions, like avoiding further infractions for a set period. Alternatively, completing a state-approved driver improvement course may lead to the dismissal or reduction of the charge.
How Do Montana Traffic Laws Differ From Other States?
Montana traffic laws are generally similar to those of other U.S. states, but there are a few rules with notable modifications. Some of these traffic rules include the following:
- A speeding violation of 10 mph or less over the limit during daytime, or 5 mph or less at night, does not get reported on your driving record and cannot be used by insurance companies.
- Montana requires all vehicles, including those traveling in the opposite direction, to stop when a school bus has flashing red lights, unless a median or barrier is separating the lanes.
- Montana law requires drivers to yield to pedestrians at both marked and unmarked crosswalks. Additionally, if a vehicle has stopped at a crosswalk to allow a pedestrian to cross, other vehicles are prohibited from overtaking and passing the stopped vehicle.
- Montana remains the only U.S. state without a statewide prohibition on handheld cell phone use while driving.