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Careless and Reckless Driving

MCA 61-8-301 — willful or wanton disregard is reckless, up to 90 days and $500 the first time

Reckless driving is operating a vehicle in willful or wanton disregard for the safety of persons or property, including while passing a stopped school bus showing its flashing red signal.

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Who handles this in Montana: State Bar of Montana, Licensed Lawyer Montana; and legal aid programs and the state offices, listed in the Montana directory.

  • A first conviction brings up to 90 days, a fine of $100 to $500, or both.
  • A second or later brings 5 days to 6 months, a fine of $500 to $1,000, or both.
  • When the reckless driving causes death or serious bodily injury, the fine is up to $10,000 and the jail term up to 1 year.
  • MCA 61-8-715

Careless driving is driving in a way that unduly or unreasonably endangers the life, limb or property of others on the road. It is punished under the general penalty, a fine of $10 to $100 for a first conviction, or up to $5,000 and 6 months when it causes death or serious bodily injury.

Sources for this section (5)
  1. MCA 61-8-301 — Reckless driving
  2. MCA 61-8-302 — Careless driving
  3. MCA 61-8-715 — Reckless driving -- reckless endangerment of emergency personnel or highway workers -- failure to yield to an emergency vehicle -- penalty
  4. MCA 61-8-716 — Careless driving -- penalty
  5. MCA 61-8-711 — Violation of chapter -- penalty

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.

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