What Is Reckless Driving?
Under Montana law (MCA § 61-8-301), reckless driving is defined as operating a vehicle “in willful or wanton disregard for the safety of persons or property.” In other words, it’s more than just a traffic violation, it’s a criminal charge that implies a deliberate or careless disregard for safety.
How Reckless Driving Happens
Reckless driving doesn’t always mean racing down Reserve Street or driving drunk. Many common behaviors can lead to a reckless driving citation if they put others at risk. These include:
- Excessive speeding, especially 30 mph or more over the posted limit
- Aggressive driving, such as tailgating or weaving through traffic
- Passing illegally on blind curves or double yellow lines
- Street racing or “rolling starts” at intersections
- Ignoring traffic signals or attempting to outrun law enforcement
- Driving too fast for conditions, even if technically under the speed limit (for example, on icy or foggy roads)
Consequences of a Reckless Driving Charge
Reckless driving in Montana is a misdemeanor, and penalties can be steep:
First Offense:
- Up to 90 days in jail
- Up to $500 fine
- Five points added to your driving record
Second Offense (within 1 year):
- Up to 6 months in jail
- Minimum of 5 days in jail or up to 6 months
- Up to $1,000 fine
In addition to court penalties, a reckless driving conviction can have long-term effects, such as higher insurance rates, potential job loss for professional drivers, and a permanent criminal record.
What to Do If You’re Charged
A reckless driving charge doesn’t automatically mean a conviction. In some cases, it may be possible to negotiate reduced charges or demonstrate that the incident didn’t meet the “willful or wanton disregard” threshold. Every case is unique, and having an experienced attorney can make a critical difference in protecting your rights, your record, and your license.
At Ryan, Miller & Coburn, we understand how stressful and confusing traffic-related criminal charges can be. Our team has experience navigating Montana’s courts and helping clients understand their options; whether that means fighting the charge or working toward the best possible outcome.
If you’ve been charged with reckless driving or have questions about your case, contact Ryan, Miller & Coburn today.