Montana Motion to Dismiss Traffic Citation

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State:
Multi-State
Control #:
US-03341BG
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Word; 
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Description

It is important to understand exactly what the prosecutor will have to prove should you take the ticket to trial. You can start by looking up the citation statute or ordinance number located on the face of your ticket. Every traffic infraction can be broken down into what lawyers call elements: things that must all be proven in order for a judge to find you guilty. Two elements are:


" Where you were ticketed; and
" Your unlawful action, such as going 50 MPH in a 30 MPH zone.


The prosecution will have to prove each element of the infraction.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


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FAQ

You have the option of pleading guilty, not guilty or pleading no contest to the charges listed on the motor vehicle ticket. Most of the time, you do not have to go in to the courthouse unless you are planning to plead not guilty.

Convictions for traffic violations are reported to the Montana Department of Justice Motor Vehicle Division. It may be possible for you to pay the fine without appearing before the Judge.

Is there a way to keep a traffic citation off my driving record? You may ask the Judge for a deferred sentence when you appear in court on your scheduled court date.

To fight your MT traffic ticket, you'll need to submit a "not guilty" plea before the deadline date your traffic ticket and appear in court. Check your traffic ticket for specific details or contact the appropriate traffic court.

The Court is required to report every traffic conviction to the Montana Department of Motor Vehicles. In limited circumstances, the Court does have the ability to ?defer sentence? on traffic offenses. A deferred sentence would allow the points be removed from your record after the period of deferment has ended.

Tickets stay on your record in Montana indefinitely, though they will stop counting toward a license suspension after three years.

Your Montana driving record keeps track of your previous accidents and traffic violations for three years from the incident date. While having 30 points results in a license suspension, any number of points can affect your insurance rates.

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Montana Motion to Dismiss Traffic Citation