In most cases both the driver and the passenger can be cited. The logic is that the passenger has a responsibility to wear a seatbelt and the driver has a responsibility to be sure that they do.
Yes, the person who received the ticket can contest it in court and the judge will decide which party prevails.
you will be fined a great deal of money and maybe jail time
driving privelige will be taken away
Yes a passenger can drink as well as the driver, Montana still doesn't have a drunk driving law. But if stopped you as a driver can drink, but you have to be sober when doing road side tests. If that makes sense
class A
This means to run away from after you were stopped.
No, it will be tried in court in the jurisdiction in which they were stopped and ticketed.
Who stopped the police officer? We were stopped by the police.
am
ON duty fatality is a class A, regardless of lack of seatbelt.
== == You will have to attend on the "court date" and try to have it with-drawn, by the prosecutor, on the basis that the citation is "defective" it it's information. He/she may drop it, or may have the officer re-write another charge on the spot. It will be decided on YOUR past driving record, and YOUR attitude towards the officer at the time you were stopped.
Tell him.