A Ticket Instead of an Arrest
MCA 46-6-310 — a written notice to appear in place of an arrest, and posted bail except for partner assault, stalking and order violations
Whenever an officer could arrest a person without a warrant, the officer may instead issue a written notice to appear before a court at a set time and place.
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- The notice states the offense, is signed by the officer, and warns that not appearing may suspend the driver's license.
- If the person does not appear, a summons or arrest warrant may issue.
- For many traffic offenses, an officer may accept an unexpired driver's license in place of bail, with the person's permission, and give a signed driving permit.
No posted bail for these. A person charged with partner or family member assault, strangulation of a partner, stalking, or violating an order of protection or no contact order may not be released on bail without first appearing before the judge.
Sources for this section (2)
- MCA 46-6-310 — Notice to appear
- MCA 46-9-302 — Bail schedule -- acceptance by peace officer
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.