Montana has laws that make it illegal to drive recklessly or carelessly. This article explained Montana's reckless and careless driving laws and the penalties you'll face for a conviction.
In Montana, "reckless driving" is defined as driving "in willful or wanton disregard for the safety of persons or property." The term "willful" refers to conduct that is intentional or purposeful. And "wanton" generally means the person understood but disregarded the consequences of the conduct. (Mont. Code Ann. § 61-8-301.)
Reckless driving is generally a misdemeanor in Montana. The possible penalties of a conviction depend on the circumstances. But below we explain the possible consequences of first and repeat offenses and violations involving deaths or injuries.
A first reckless driving conviction carries up to 90 days in jail and/or $25 to $300 in fines.
For a second or subsequent reckless driving violation, the motorist is looking at ten days to six months in jail and/or $50 to $500 in fines. And for a third conviction within a 12-month period, there's a one-year license suspension.
A reckless driving offender who causes death or "serious bodily injury" to another person faces up to a year in jail and/or a maximum of $10,000 in fines.
A reckless driving conviction will add five points to the motorist's driving record. Accumulating 15 or more points within a 36-month period can lead to license suspension.
Montana has another law that prohibits "careless driving." The law requires all motorists to drive "in a careful and prudent manner that does not unduly or unreasonably endanger the life, limb, property, or other rights of a person." (Mont. Code Ann. § 61-8-302.)
The difference between reckless and careless driving might be subtle in some cases. But generally, the distinction has to do with the driver's level of culpability. Unlike with reckless driving—which requires proof that the driver intentionally or knowingly did something risky behind the wheel—a motorist can be convicted of careless driving without realizing the dangerousness of the driving.
Careless driving is a misdemeanor, but the consequences are less serious than those for reckless driving.
For a first careless driving violation, there's a $10 to $100 fine and no jail time.
For a second careless driving conviction within a year, the driver is looking at fines of $25 to $200 and no jail time.
For a third or subsequent offense within a year, the driver is facing $50 to $500 in fines.
A careless driving offender who causes death or "serious bodily injury" to another person faces up to six months in jail and/or a maximum of $5,000 in fines.
A careless driving conviction adds four points to the motorist's driving record.
In some states, it's possible for a driver who's charged with driving under the influence (DUI), to "plea bargain" for a lesser charge. When a DUI is plea-bargained down to a reckless driving charge, it's sometimes called a "wet reckless."
Montana law doesn't prohibit plea bargaining in DUI cases. So, for someone who's accused of driving under the influence in Montana, plea bargaining for a reckless driving charge is a possibility.
The facts of every case are different. If you've been arrested for or charged with reckless or careless driving, get in contact with an experienced defense attorney. A qualified attorney can explain how the law applies to the facts of your case and help you decide on how best to handle your situation.