61-8-725. Penalty for violation of speed limits -- no record for certain violations.
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61-8-725 . Penalty for violation of speed limits -- no record for certain violations.
(1)A person shall be fined for violating the maximum speed limit in accordance with the following schedules:
(a)for a violation of 61-8-303 (1)(a):
Amount of Fine MPH in Excess of Speed Limit
$40 1 - 10 (daytime)
40 1 - 10 (nighttime)
70 11 - 20
120 21 - 30
200 31+
(b)for a violation of 61-8-303 (1)(b) or (1)(c), 61-8-309 , or 61-8-312 :
Amount of Fine MPH in Excess of Speed Limit
$20 1 - 10 (daytime)
20 1 - 10 (nighttime)
70 11 - 20
120 21 - 30
200 31+
(a)A violation of a speed limit imposed pursuant to 61-8-303 is not a criminal offense within the meaning of 3-1-317 , 45-2-101 , 46-18-236 , 61-8-104 , and 61-8-711 and, except as provided in subsection (2)(b) or (4), may not be recorded or charged against a driver's record, and an insurance company may not hold a violation of a speed limit against the insured or increase premiums because of the violation if the speed limit is exceeded by no more than:
(i)10 miles an hour during the daytime; or
(ii)5 miles an hour during the nighttime.
(b)If a driver is guilty of exceeding 90 miles an hour in violation of 61-8-303 (1)(a), the violation may be recorded or charged against a driver's record and an insurance company may hold the violation against an insured driver's premium.
(3)The surcharge provided for in 3-1-317 may not be imposed for a violation of 61-8-303 .
(4)The recordkeeping restrictions provided in subsection
(2)with respect to a person's driving record do not apply to a speed limit violation or conviction that was committed by:
(a)a Montana resident in another state whose violation or conviction was reported to the department by a court or the licensing authority in the state in which the violation occurred; or
(b)a person who holds a commercial driver's license regardless of whether or not the violation occurred while the person was operating a commercial motor vehicle.
(5)This section does not apply to the violation of a special speed zone established under 61-8-309 or 61-8-310 .