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Code · Montana · Title 61 — Motor Vehicles · Chapter 5 · Part 2

61-5-205. Mandatory revocation or suspension of license upon certain convictions -- duration of action -- exceptions.

366 words·~2 min read·/mt/title-61/chapter-5/part-2/61-5-205·

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61-5-205 . Mandatory revocation or suspension of license upon certain convictions -- duration of action -- exceptions.
(1)The department shall revoke an individual's driver's license or driving privilege if the department receives notice from a court or another licensing jurisdiction that the individual has been convicted of any of the following offenses:
(a)negligent homicide resulting from the operation of a motor vehicle;
(b)any felony in the commission of which a motor vehicle is used;
(c)failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;
(d)perjury or the making of a false affidavit or statement under oath to the department under this chapter or under any other law relating to the ownership or operation of motor vehicles;
(e)fleeing from or eluding a peace officer; or
(f)negligent vehicular assault as defined in 45-5-205 involving a motor vehicle.
(2)The department shall suspend an individual's driver's license or driving privilege if the department receives notice from a court or another licensing jurisdiction that the individual has been convicted of any of the following offenses:
(a)a driving offense under 61-8-1002 ;
(b)three reckless driving offenses committed within a period of 12 months; or
(c)a theft offense under 45-6-301 if the theft consisted of theft of motor vehicle fuel and a motor vehicle was used in the commission of the offense.
(3)A revocation under subsections (1)(a), (1)(b), and (1)(d) through (1)(f) must be for a period of 1 year. A revocation under subsection (1)(c) must be for a period of 2 years if the offender received a felony conviction under 61-7-103 .
(a)Except as provided in subsections (4)(b) and (4)(c), a suspension under subsection
(2)must be for a period of 1 year.
(b)A suspension under subsection (2)(a) must be for the period set forth in 61-5-208 .
(c)A suspension under subsection (2)(c) must be for one of the following periods:
(i)30 days for a first offense;
(ii)6 months for a second offense; and
(iii)1 year for a third or subsequent offense.
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