How to Fight a Distracted Driving Ticket in Montana

By Zigpon Editorial Team · Last reviewed: June 2026 · Sources: doj.mt.gov

If you got a distracted driving ticket in Montana, you can usually pay it, contest it in court, or pursue a dismissal/mitigation option. Under MCA 61-8-1012: first offense = misdemeanor with fine up to $100 AND 3 demerit points; second or subsequent offense within 5 years = fine up to $300.

How to fight a distracted driving ticket in Montana, step by step

  1. Decide how to plead

    Pleading not guilty preserves your right to contest the distracted driving charge in Montana and review the evidence against you.

  2. Request the evidence in your case

    Ask the court for the officer's notes and any photos, device records, or calibration logs relied on to issue your distracted driving citation — you have a right to review what the case against you is built on.

  3. Know exactly what you're contesting

    Under MCA 61-8-1012: first offense = misdemeanor with fine up to $100 AND 3 demerit points; second or subsequent offense within 5 years = fine up to $300.

  4. Show up prepared

    Arrive early, dress neatly, and bring your documents plus a short, factual statement of your side.

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Montana Distracted Driving ticket — frequently asked questions

What is Montana's texting while driving law?

MCA 61-8-1012 prohibits text messaging while operating a motor vehicle. Montana does NOT have a comprehensive hands-free law for adult drivers — the prohibition is specifically on texting (writing, sending, or reading a text message). Voice calls on a handheld device are generally not prohibited statewide for adult licensed drivers (though this may change — verify at doj.mt.gov/driving).

What are the penalties for texting while driving in Montana?

Under MCA 61-8-1012: first offense = misdemeanor with fine up to $100 AND 3 demerit points; second or subsequent offense within 5 years = fine up to $300. The 3 demerit points for a first offense are significant — combined with other violations they can push toward the 6-point suspension threshold within 2 years.

Zigpon is an educational self-help guide, not a law firm — this is general information, not legal advice. Laws change and every case is different; verify details with your court or a licensed attorney before acting.