Run away, run away fast. Just kidding. :)
Montana requires that you are properly licensed in order to operate a vehicle. There a few laws in Montana that your boyfriend could have been cited under when caught driving without a valid driver's license. Here are the 2 most commons laws he may have been ticketed for being an unlicensed driver caught operating a vehicle in MT.
First Montana Code 61-5-116 requires that a driver's license be carried and exhibited on demand. Here it says that every licensee shall have his driver's license in his immediate possession at all times when operating a motor vehicle and shall display the same upon demand of a justice of the peace, a city or municipal judge, a peace officer, a highway patrol officer, or a field deputy or inspector of the department. However, no person charged with violating this section shall be convicted if he produces in court or the office of the arresting officer a driver's license theretofore issued to him and valid at the time of his arrest.
Then under MT Code Section 61-5-102 it is required that drivers to be licensed. Here it states that a person may not drive a motor vehicle upon a highway in this state unless the person has a valid Montana driver's license. The penalty for a first violation of this section of law is a fine of not more than $500, imprisonment for not more than 6 months, or both a fine and imprisonment. The penalty for second and subsequent violations of this section is a fine of not more than $500 and imprisonment for not less than 2 days or more than 6 months.
So it would appear that your boyfriend will at least receive a fine of up to $500 and/or jail time of up to 6 months for being unlicensed. He may also be penalized for not having a license to exhibit on demand. Since he was already cited by law enforcement for driving without a license in Montana the best way to find out under what portion of law he was cited under and the penalties he may be handed in court is to call the court listed on your citation and ask. He may want to see if obtaining a license before your court date, if this is even possible, could help his case.
If one want to get licensed in Montana after being cited and/or convicted of driving without a license they need to check with the Motor Vehicle Division (MVD) since they may be able to delay a person’s ability to get a license. Or the MVD may have the ability to have one's rights to drive suspended for a certain period of time, thus not allowing one to obtain a license during that time period.
Montana Code Annotated (MCA) 61-6-301 is titled Required Motor Vehicle Insurance.
In subsection 1(a) it states that an owner of a motor vehicle that is registered and operated in Montana by the owner or with the owner's permission shall continuously provide insurance against loss resulting from liability imposed by law for bodily injury or death or damage to property suffered by any person caused by maintenance or use of a motor vehicle in an amount not less than that required by 61-6-103, or a certificate of self-insurance issued in accordance with 61-6-143.
Later in subsection 4 it notes that it is unlawful for a person to operate a motor vehicle upon ways of this state open to the public (as defined in 61-8-101) without a valid policy of liability insurance in effect in an amount not less than that required by 61-6-103 unless shown financial responsibility in one of the other state authorized ways. These include the person having been issued a certificate of self-insurance or has posted an indemnity bond with the MT DMV.
The penalties for a first offense of operating without Liability insurance in effect (V9017) according to the Montana Bond Schedule can include a fine and jail time. The find can range from $250 to $500 and jail time up to 10 days. The recommended fine is $285, which includes a $35 surcharge.
For a second offense the recommended fine is $385 and the third or subsequent offense the fine may is usually $535 and up to 6 months in jail. The MT DMV also notes that driving without insurance or failing to carry proof or exhibit insurance in a vehicle comes with 5 points being assessed to your Montana driving record.
MCA 61-6-304 discusses other penalties that can be imposed if one continuously drives as an uninsured motorist. Here it states that for a second or subsequent conviction the sentencing court shall order the surrender of the vehicle registration receipt and license plates for the vehicle operated at the time of the offense.
Upon proof of compliance the department shall issue a restricted registration receipt and return the license plates to the offender. A restricted registration receipt limits the use of the motor vehicle operated at the time of the offense to use solely for employment purposes. Upon the expiration of the appropriate time period, the department shall issue a regular registration receipt to the owner of the vehicle.
Upon a fourth or subsequent conviction, the court shall order the surrender of the driver's license of the offender. The department may not reinstate a driver's license suspended until the registered owner provides the department proof of compliance and the department determines that the registered owner is otherwise eligible for licensure.
Montana state law requires minimum Bodily Injury Liability coverage of $25,000 per injured person up to a total of $50,000 per accident, and Property Damage Liability coverage with a minimum limit of $10,000. Also, it is mandatory for the car insurance companies in Montana to offer Uninsured Motorist coverage, but you, the consumer, may reject this coverage.
Your boyfriend needs to obtain at least this amount of auto insurance on his car so that he can legally drive on the roadways of Montana.
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