Tickets-Citations

This Court handles traffic citations written by the Lewis and Clark County Sheriff's Department; Montana Highway Patrol; Fish and Game; Motor Carrier Services of the Department of Transportation; State Department of Livestock; State Gambling Control Division; Animal Control; and in some cases the Helena Police Department.

Pursuant to Section 61-11-203 of the Montana Statutes, the following is a partial list of "points" assessed to the most common traffic offenses (these are subject to change as modified by Montana Statutes).

Tickets/citations

Description

Amount of Points

DUI / Per Se

10 Points

Driving with suspended/revoked license

6 Points

Driving without a valid license

2 Points

Reckless Driving

5 Points

Careless Driving

2 Points

No Insurance

5 Points

Speeding

--

Day speed 10 miles per hour or less on Highway

No Points

Night speed 5 miles per hour or less on Highway

No Points

Other day/night speed violations

3 Points

No Seatbelt

No Points

Stop Sign Violation

2 Points

Right of Way Violation

2 Points

Following too closely

2 Points

Anyone receiving a citation can contact the Court to determine if the fine can be paid or if they are required to see a Judge.

Justice of the Peace
Michael G. Swingley
Email

Clerk of Justice Court
Mary Root

Mailing Address:
228 Broadway, Room 102
Helena, Montana, 59601

Civil/Small Claims matters: 406-447-8201

Criminal matters: 406-447-8202

Fax number: 406-447-8269


 

 

Driving While Suspended/Revoked

(MCA 61-5-212) (information-tickets)

A person's privilege to drive may be suspended or revoked for many reasons. Two of the most common reasons are failure to make an initial appearance on a citation, or fail to pay fines. A notice warning the Defendant of the pending suspension is mailed to their last known address. If the Defendant fails to comply with the warning, the suspension will be forwarded to the Records and Driver Control Bureau. There is a $100.00 fee charged by the Department of Justice for reinstatement. No probationary license may be issued if a license is suspended for this reason.

Tobacco Violations under 18

Tobacco offenses are possession or consumption of ANY tobacco product (cigarettes, cigars, snuff, smoking tobacco or smokeless tobacco). MCA 45-5-637.

1st Offense - $50 fine and a $85 surcharge.

2nd Offense - $75 to $100 fine and a $85 surcharge.

3rd or Subsequent Offense - $100 to $250 fine and a $85 surcharge

OR

may be adjudicated 'youth in need of intervention with youth court'.

IN ADDITION: If convicted, a person may be ordered to perform community service or to attend a tobacco cessation program (at that individual's expense).

Attempt to Purchase

Any person under the age of 21 convicted of attempting to purchase SHALL be fined up to $150 and an $85 surcharge AND may be ordered to perform community service. MCA 45-5-624(4).

Minors in Possession of Alcohol

(MIP)

Unlawful Possession of Alcohol Under 18

1st Offense – a fine of $100 to $300 and an $85 surcharge AND will be ordered to community service AND shall complete a substance abuse information course (where available), at their own expense AND their driver’s license will be confiscated by the court for 30 days.

2nd Offense - a fine of $200 to $600 and a $85 surcharge AND will be ordered to community service AND shall complete a substance abuse information course, at their own expense and will be ordered to perform community service AND their driver’s license will be confiscated by the court for 6 months.

3rd or Subsequent Offense – a fine of $300 to $900 and a $85 surcharge AND will be ordered to do community service AND shall complete a substance abuse information course, at their own expense, which may include alcohol and drug treatment AND their driver’s license will be confiscated by the court for 6 months.

FAILURE TO COMPLY: Defendants under age 21, who were under 18 when they failed to comply, must be transferred to Youth Court as youths in need of intervention.

Unlawful Possession 18 and Over

1st Offense - a fine of $100 to $300 and a $85 surcharge AND will ordered to perform community service AND shall complete a substance abuse information course (where available), at their own expense. Failure to comply may result in the suspension of your driver’s license.

2nd Offense - a fine of $200 to $600 and a $85 surcharge AND will be ordered to perform community service AND shall complete a substance abuse information course (where available), at their own expense AND may include drug or alcohol treatment or both. Failure to comply may result in the filing of a Petition to Revoke by the County Attorney’s office.

3rd or Subsequent Offense - up to $300 fine and a $85 surcharge AND may be ordered to perform community service AND shall complete an alcohol information course at an alcohol treatment program which may include alcohol drug treatment or both. That individual MAY BE sentenced to a county jail. (Not to exceed 6 months) Failure to comply can result in the filing of a Petition to Revoke by the County Attorney’s office.

.02 Violation Under the Age of 21

It is unlawful for anyone under the age of 21 to drive or be in actual physical control of a motor vehicle with a BAC (Blood Alcohol Content) of .02 or greater.

1st Offense - $100 to $500 fine and a $35 surcharge and the individuals drivers license shall be suspended for a period of 90 days by the Department of Justice.

2nd Offense - $200 to $500 fine and a $35 surcharge. If over the age of 18, said individual may be sentenced to 10 days of jail time. The Department of Justice shall suspend the individual's driver's license for 6 months.

3rd or Subsequent Offense - $300 to $500 fine and a $35 surcharge. If 18 or over, the violator SHALL be sentenced to a MINIMUM of 24 hours to 60 days in jail. The Department of Justice SHALL suspend the driver's license for 1 year.

IN ADDITION: All defendants SHALL comply with ACT as listed in MCA 61-8-732.

(If the Defendant is under 18, a restricted probationary license may not be issued until after 30 days of the suspension period has been completed. The reinstatement fee of $100 must be paid by all offenders.)