Montana Code Annotated

Mont. Code Ann. § 61-8-403 (2026)

Repealed

✓ current as of May 2026

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TITLE 61. MOTOR VEHICLES

CHAPTER 8. TRAFFIC REGULATION

Part 4. Driving Under Influence of Alcohol or Drugs (Repealed)

Repealed

61-8-403. Repealed. Sec. 44, Ch. 498, L. 2021.

History: En. Sec. 2, Ch. 131, L. 1971; R.C.M. 1947, 32-2142.2(a); amd. Sec. 2, Ch. 103, L. 1981; amd. Sec. 2, Ch. 602, L. 1983; amd. Sec. 4, Ch. 659, L. 1983; amd. Sec. 9, Ch. 698, L. 1983; amd. Sec. 1, Ch. 503, L. 1985; amd. Sec. 3, Ch. 789, L. 1991; amd. Sec. 1, Ch. 388, L. 1993; amd. Sec. 2, Ch. 564, L. 1993; amd. Sec. 2, Ch. 444, L. 1995; amd. Sec. 4, Ch. 88, L. 1997; amd. Sec. 1, Ch. 147, L. 2001; amd. Sec. 7, Ch. 424, L. 2015.

Notes of Decisions

Cited in 79 cases (4 in the last 5 years), 1979–2023 · leading case: Brunette v. State, 2016 MT 128 (Mont. 2016).

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Brunette v. State, 2016 MT 128 (Mont. 2016). · cites it 49× “During Officer Brotnov’s testimony, Brunette’s counsel questioned him about his case report and played the dash cam video and the body cam recording, but did not offer or enter any of these items into evidence.”

Hulse v. State, Dep't of Just., 1998 MT 108 (Mont. 1998). · cites it 21× “On March 26, 1996, pursuant to § 61-8-403, MCA (1995), Hulse filed a petition in the Thirteenth Judicial District Court, Stillwater County, asking the court to review the suspension of her driver’s license and requesting the court reinstate her driver’s license until the court…”

In Re the Suspension of Driver's License of Blake, 712 P.2d 1338 (Mont. 1986). · cites it 35× “Blake appealed the suspension of his license to the Fifth Judicial District Court, pursuant to § 61-8-403, MCA. Following an evidentiary hearing, the trial judge stayed the suspension, pending a final appeal of his decision.”

Thompson v. Dep't of Just., 871 P.2d 1333 (Mont. 1994). · cites it 64× “The District Court relied on § 61-8-403, MCA (1991), for its decision not to address this issue.”

Patterson v. State, Dept. of Just., 2002 MT 97 (Mont. 2002). · cites it 28× “On January 2, 2001, Patterson filed a petition which challenged the suspension of his driver's license pursuant to § 61-8-403, MCA. Ultimately, following a motion to continue, the District Court set the matter for a reinstatement hearing on March 15, 2001.”

Bush v. Montana Dep't of Just., 1998 MT 270 (Mont. 1998). · cites it 25× “*361 ISSUE ¶2 Did the District Court err in denying Bush’s petition for reinstatement of his driver’s license under § 61-8-403, MCA? BACKGROUND ¶3 On April 4,1997, at approximately 9:30 p.”

Suspension of the Driver's License of Blake v. State, 735 P.2d 262 (Mont. 1987). · cites it 40× “The State's motion for rehearing was denied, the trial judge holding to his belief that the officer was not justified in making the investigatory stop.”

Kleinsasser v. State, 42 P.3d 801 (Mont. 2002). · cites it 18× “¶ 7 Kleinsasser challenged the license suspension pursuant to § 61-8-403, MCA, asserting that Officer Leasure illegally seized his license.”

State v. Ditton, 2006 MT 235 (Mont. 2006). · cites it 14× “He then petitioned the District Court for return of his driver's license as allowed by § 61-8-403, MCA. The State did not contest the petition and by order of June 3, 2003, the District Court granted the petition without findings of fact.”

Ditton v. Dep't of Just. Motor Veh. Div., 2014 MT 54 (Mont. 2014). · cites it 55× “3d 642 , that “a hearing held pursuant to § 61-8-403, MCA, is a civil proceeding, and, therefore, must be conducted in accordance with the Montana Rules of Civil Procedure.”

Jess v. State Dep't of Just., 841 P.2d 1137 (Mont. 1992). · cites it 16× “Appellant Daniel Lee Jess appeals from an order of the Thirteenth Judicial District Court, Stillwater County, denying his petition for reinstatement of his driver’s license pursuant to § 61-8-403, MCA. We affirm. Three issues are presented to this Court for our consideration.”

Grindeland v. State, 2001 MT 196 (Mont. 2001). · cites it 14× “That statute limits the District Court's review of Grindeland's petition to whether Van Dyken had reasonable grounds to believe Grindeland had been driving or was in actual physical control of a vehicle upon ways of this state open to the public while under the influence of…”

Show all 79 citing cases →

— Mont. Code Ann. § 61-8-403(1) — 9 cases

Kummerfeldt v. State, 2015 MT 109 (Mont. 2015).

Ditton v. Dep't of Just. Motor Veh. Div., 2014 MT 54 (Mont. 2014). “3d 642 , that “a hearing held pursuant to § 61-8-403, MCA, is a civil proceeding, and, therefore, must be conducted in accordance with the Montana Rules of Civil Procedure.”

Eustance v. State, 2005 MT 34 (Mont. 2005).

Brewer v. State, 2004 MT 193 (Mont. 2004).

Rupp v. State, Dep't of Just., 927 P.2d 1 (Mont. 1996).

— Mont. Code Ann. § 61-8-403(2) — 1 case

— Mont. Code Ann. § 61-8-403(3) — 1 case

— Mont. Code Ann. § 61-8-403(3)(a) — 1 case

State v. M. Pankhurst, 2022 MT 89 (Mont. 2022).

— Mont. Code Ann. § 61-8-403(4) — 8 cases

State v. Beaudry, 937 P.2d 459 (Mont. 1997).

Wessell v. State, Dept. of Just., 921 P.2d 264 (Mont. 1996).

Gentry v. State, Dept. of Just., 938 P.2d 693 (Mont. 1997).

Anderson v. State Dept. of Just., 912 P.2d 212 (Mont. 1996).

Seyferth v. State, Dept. of Just., 922 P.2d 494 (Mont. 1996).

— Mont. Code Ann. § 61-8-403(4)(a) — 25 cases

Brunette v. State, 2016 MT 128 (Mont. 2016). “During Officer Brotnov’s testimony, Brunette’s counsel questioned him about his case report and played the dash cam video and the body cam recording, but did not offer or enter any of these items into evidence.”

State v. Ditton, 2006 MT 235 (Mont. 2006). “He then petitioned the District Court for return of his driver's license as allowed by § 61-8-403, MCA. The State did not contest the petition and by order of June 3, 2003, the District Court granted the petition without findings of fact.”

Hulse v. State, Dep't of Just., 1998 MT 108 (Mont. 1998). “On March 26, 1996, pursuant to § 61-8-403, MCA (1995), Hulse filed a petition in the Thirteenth Judicial District Court, Stillwater County, asking the court to review the suspension of her driver’s license and requesting the court reinstate her driver’s license until the court…”

Brown v. State, 2009 MT 64 (Mont. 2009).

Patterson v. State, Dept. of Just., 2002 MT 97 (Mont. 2002). “On January 2, 2001, Patterson filed a petition which challenged the suspension of his driver's license pursuant to § 61-8-403, MCA. Ultimately, following a motion to continue, the District Court set the matter for a reinstatement hearing on March 15, 2001.”

— Mont. Code Ann. § 61-8-403(4)(a)(i) — 22 cases

Kleinsasser v. State, 42 P.3d 801 (Mont. 2002). “¶ 7 Kleinsasser challenged the license suspension pursuant to § 61-8-403, MCA, asserting that Officer Leasure illegally seized his license.”

Bush v. Montana Dep't of Just., 1998 MT 270 (Mont. 1998). “*361 ISSUE ¶2 Did the District Court err in denying Bush’s petition for reinstatement of his driver’s license under § 61-8-403, MCA? BACKGROUND ¶3 On April 4,1997, at approximately 9:30 p.”

State v. Krause, 2002 MT 63 (Mont. 2002).

— Mont. Code Ann. § 61-8-403(4)(a)(ii) — 2 cases

— Mont. Code Ann. § 61-8-403(4)(a)(iii) — 1 case

— Mont. Code Ann. § 61-8-403(4)(a)(iv) — 2 cases

In Re the Driver's License Suspension of McKenzie, 2001 MT 25 (Mont. 2001).

Driving Privilege of Alexander, 2004 MT 92N (Mont. 2004).

— Mont. Code Ann. § 61-8-403(4)(b) — 5 cases

Nichols v. Dep't of Just., 2011 MT 33 (Mont. 2011).

Driving Privilege of Alexander, 2004 MT 92N (Mont. 2004).

Hawman v. State Ex Rel. Beckstrom, 1998 MT 218 (Mont. 1998).

— Mont. Code Ann. § 61-8-403(4)(iii) — 1 case

Gentry v. State, Dept. of Just., 938 P.2d 693 (Mont. 1997).

— Mont. Code Ann. § 61-8-403(4Xa) — 1 case

— Mont. Code Ann. § 61-8-403(a)(i) — 1 case

J. Walberg v. State, 2021 MT 249N (Mont. 2021).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.