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Fleeing from a Police Officer

MCA 61-8-707 — up to 1 year and $2,000, and a felony with up to 5 years when aggravated

A driver flees or eludes a peace officer when a uniformed officer in a police vehicle signals by hand, voice, light or siren to stop and the driver knowingly refuses to stop, speeds up, keeps going 10 or more miles an hour over the limit, turns off the lights, or otherwise tries to get away.

  • MCA 61-8-316
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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.

  • Fleeing is a misdemeanor with up to 1 year, a fine of up to $2,000, or both.
  • Aggravated fleeing, after an earlier conviction, or with reckless driving, more than $5,000 of damage, or leaving the state, is a felony with up to 5 years and $5,000.
  • Fleeing that causes serious bodily injury or death is a felony with up to 10 years and $10,000.
  • MCA 61-8-316
  • MCA 61-8-707
Sources for this section (2)
  1. MCA 61-8-316 — Fleeing from or eluding peace officer
  2. MCA 61-8-707 — Fleeing from or eluding peace officer -- 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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