Montana Implied-Consent License-Suspension Petition and Stay Request

Montana Implied-Consent License-Suspension Petition and Stay Request

Before you use this: This petition challenges a refusal-related suspension or revocation under Mont. Code Ann. §§ 61-8-1016 and 61-8-1017. File it in the district court of the county of arrest within 30 days after the peace officer gives notice of the right to a hearing. Filing does not itself stay the license action; ask the court for a stay if one is needed. This petition does not defend the related criminal charge.

Petitioner or counsel: [NAME, MAILING ADDRESS, EMAIL, TELEPHONE]

In the District Court of the [NUMBER] Judicial District of the State of Montana, in and for the County of [COUNTY OF ARREST]

Cause No.: [ASSIGNED BY CLERK]

Petition to Challenge Implied-Consent License Suspension or Revocation and Request for Stay

Petitioner alleges:

1. Petitioner is [FULL NAME]. Petitioner seeks review under Mont. Code Ann. § 61-8-1017 of a driver's license ☐ suspension ☐ revocation arising from an alleged refusal to submit to a test requested by a peace officer under § 61-8-1016.

2. The relevant arrest occurred on [DATE] in [COUNTY], Montana. Petitioner files in that county's district court under § 61-8-1017(1).

3. The peace officer gave Petitioner notice of the right to a hearing on [DATE] by [DESCRIBE HOW NOTICE WAS GIVEN]. A copy of the notice is attached as Exhibit A. This petition is filed on [DATE].

4. The officer requested the following test or tests: [DESCRIBE EACH REQUESTED TEST AND TIME]. The officer reported a refusal of [IDENTIFY TEST OR TESTS]. The officer's account or notice states: [QUOTE OR SUMMARIZE THE RELEVANT RECORD]. Attach the available officer notice, report, and temporary permit as Exhibit B.

5. Petitioner challenges the action on the issue or issues selected below. The supporting facts are stated in paragraph 6 and the attached exhibits.

☐ The officer lacked a basis under § 61-8-1016 for requesting the identified test or tests. The disputed facts are: [FACTS].

☐ Petitioner did not refuse the identified test or tests designated by the officer. The disputed facts are: [FACTS].

6. The relevant sequence of events is: [STATE FACTS IN CHRONOLOGICAL ORDER, INCLUDING WHAT THE OFFICER REQUESTED, WHAT PETITIONER SAID OR DID, AND DOCUMENTS OR WITNESSES SUPPORTING EACH DISPUTE].

7. The following witnesses and records bear on the two statutory hearing issues: [NAMES; RECORDS; HOW EACH RELATES TO THE REQUEST OR ALLEGED REFUSAL].

8. ☐ Petitioner requests a stay pending the hearing under § 61-8-1017(3). Without a stay, Petitioner expects [SPECIFIC EFFECT OF THE LICENSE ACTION BEFORE THE HEARING]. Petitioner asks the Court to exercise its discretion after considering [FACTS SUPPORTING THE REQUEST].

Requested relief

Petitioner asks the Court to:

1. Set a hearing under Mont. Code Ann. § 61-8-1017(2), with the statutory notice to the county attorney and, if applicable, the city attorney;
2. Determine the issues permitted by § 61-8-1017(4) from the evidence presented;
3. If the findings warrant it, determine that Petitioner's license is not subject to the challenged suspension or revocation and direct appropriate relief; and
4. If requested in paragraph 8, stay the challenged license action pending the hearing under § 61-8-1017(3).

Dated: [__/__/____]

Petitioner or counsel signature: ______________________________

Printed name: [NAME]

Address: [STREET, CITY, STATE, ZIP]

Email: [EMAIL] Telephone: [PHONE]

Counsel's Montana bar number, if represented: [NUMBER]

Exhibits

• Exhibit A: Officer's notice of suspension or revocation and right to a hearing [ATTACHED / DESCRIBE].
• Exhibit B: Available officer report and temporary permit [ATTACHED / DESCRIBE].
• Exhibit C: [OTHER RECORD RELEVANT TO THE REQUEST OR REFUSAL].

Sources and References

• Mont. Code Ann. § 61-8-1017 — filing, venue, hearing, stay, and limited issues
• Mont. Code Ann. § 61-8-1016 — test request, alleged refusal, notice, and temporary permit
• Mont. R. Civ. P. 10 and Rule 11 — pleading format and signature