61-11-101. Report of convictions and suspension or revocation of driver's licenses -- surrender of licenses. - Montana Statutes

     61-11-101. Report of convictions and suspension or revocation of driver's licenses -- surrender of licenses. (1) If a person is convicted of an offense for which chapter 5 or chapter 8, part 8, makes mandatory the suspension or revocation of the driver's license or commercial driver's license of the person by the department, the court in which the conviction occurs shall require the surrender to it of all driver's licenses then held by the convicted person. The court shall, within 5 days after the conviction becomes final, forward the license and a record of the conviction to the department. If the person does not possess a driver's license, the court shall indicate that fact in its report to the department.
     (2) A court having jurisdiction over offenses committed under a statute of this state or a municipal ordinance regulating the operation of motor vehicles on highways, except for standing or parking statutes or ordinances, shall forward a record of the conviction, as defined in 61-5-213, to the department within 5 days after the conviction becomes final. The court may recommend that the department issue a restricted probationary license on the condition that the individual comply with the requirement that the person attend and complete a chemical dependency education course, treatment, or both, as ordered by the court under 61-8-732.
     (3) A court or other agency of this state or of a subdivision of the state that has jurisdiction to take any action suspending, revoking, or otherwise limiting a license to drive shall report an action and the adjudication upon which it is based to the department within 5 days on forms furnished by the department.
     (4) A conviction becomes final for the purposes of this part upon the later of:
     (a) expiration of the time for appeal of the court's judgment or sentence to the next highest court;
     (b) forfeiture of bail that is not vacated; or
     (c) imposition of a fine or court cost as a condition of a deferred imposition of a sentence or a suspended execution of a sentence.
     (5) (a) On a conviction referred to in subsection (1) of a person who holds a commercial driver's license or who is required to hold a commercial driver's license, a court may not take any action, including deferring imposition of judgment, that would prevent a conviction for any violation of a state or local traffic control law or ordinance, except a parking law or ordinance, in any type of motor vehicle, from appearing on the person's driving record. The provisions of this subsection (5)(a) apply only to the conviction of a person who holds a commercial driver's license or who is required to hold a commercial driver's license and do not apply to the conviction of a person who holds any other type of driver's license.
     (b) For purposes of this subsection (5), "who is required to hold a commercial driver's license" refers to a person who did not have a commercial driver's license but who was operating a commercial motor vehicle at the time of a violation of a state or local traffic control law or ordinance resulting in a conviction referred to in subsection (1).

     History: (1), (2)En. Sec. 29, Ch. 267, L. 1947; amd. Sec. 1, Ch. 165, L. 1957; amd. Sec. 1, Ch. 27, L. 1961; amd. Sec. 1, Ch. 386, L. 1973; amd. Sec. 3, Ch. 430, L. 1977; Sec. 31-145, R.C.M. 1947; (3)En. Sec. 5, Ch. 154, L. 1963; Sec. 31-167, R.C.M. 1947; R.C.M. 1947, 31-145(a), (b), 31-167; amd. Sec. 1, Ch. 74, L. 1985; amd. Sec. 2, Ch. 444, L. 1985; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 36, Ch. 443, L. 1987; amd. Sec. 11, Ch. 789, L. 1991; amd. Sec. 8, Ch. 525, L. 1997; amd. Sec. 6, Ch. 455, L. 1999; amd. Sec. 15, Ch. 207, L. 2001; amd. Sec. 31, Ch. 428, L. 2005; amd. Sec. 1, Ch. 76, L. 2009.