Table of Contents TITLE 61. MOTOR VEHICLES CHAPTER 8. TRAFFIC REGULATION Part 3. Vehicle Operating Requirements
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10 61-8-301 9 61-8-302 10 61-8-303 61-8-308 5 61-8-309 2 61-8-310 1 61-8-311 1 61-8-312 61-8-313 4 61-8-314 5 61-8-316 1 61-8-317 61-8-320 9 61-8-321 61-8-322 61-8-323 1 61-8-324 61-8-325 1 61-8-326 1 61-8-327 7 61-8-328 1 61-8-329 3 61-8-330 61-8-331 61-8-332 1 61-8-333 61-8-334 61-8-335 4 61-8-336 61-8-337 61-8-338 2 61-8-339 1 61-8-340 3 61-8-341 1 61-8-342 2 61-8-343 1 61-8-344 61-8-345 2 61-8-346 61-8-347 61-8-348 61-8-349 61-8-350 61-8-351 61-8-352 61-8-353 61-8-354 1 61-8-355 61-8-356 61-8-357 61-8-358 61-8-359 61-8-360 61-8-361 61-8-362 61-8-363 61-8-364 61-8-365 61-8-366 61-8-367 61-8-368 61-8-369 61-8-370 1 61-8-371 61-8-372 61-8-375 61-8-376 61-8-379 61-8-380 61-8-381 61-8-382 61-8-383 61-8-384

Mont. Code Ann. § 61-8-301

(2005)

Reckless driving -- reckless endangerment of highway worker

(1) A person commits the offense of reckless driving if the person:

(a) operates a vehicle in willful or wanton disregard for the safety of persons or property; or

(b) operates a vehicle in willful or wanton disregard for the safety of persons or property while passing, in either direction, a school bus that has stopped and is displaying the visual flashing red signal, as provided in 61-8-351 and 61-9-402. This subsection (1)(b) does not apply to situations described in 61-8-351(6).

(2) A municipality may enact and enforce 61-8-715 and subsection (1) of this section as an ordinance.

(3) A person who is convicted of the offense of reckless driving or of reckless endangerment of a highway worker is subject to the penalties provided in 61-8-715.

(4) (a) A person commits the offense of reckless endangerment of a highway worker if the person purposely, knowingly, or negligently drives a motor vehicle in a highway construction zone in a manner that endangers persons or property or if the person purposely removes, ignores, or intentionally strikes an official traffic control device in a construction zone for reasons other than:

(i) avoidance of an obstacle;

(ii) an emergency; or

(iii) to protect the health and safety of an occupant of the vehicle or of another person.

(b) As used in this section:

(i) "construction zone" has the same meaning as is provided in 61-8-314; and

(ii) "highway worker" means an employee of the department of transportation, a local authority, a utility company, or a private contractor.

Opinions construing this section

10 opinions
2019 MT 60 Mar 19, 2019 Affirmed
State v. C. Jensen
Majority by Beth Baker · 5 to 0
violation of § 61-8-460, MCA; misdemeanor fleeing/eluding a peace officer, in violation of § 61-8-316, MCA; and misdemeanor reckless driving, in violation of § 61-8-301, MCA. The reckless driving 4 charge later was removed in an amended information. Prior to trial, the State reduced the previously charged ten counts of criminal
2019 MT 56 Mar 6, 2019 Reversed
City of Helena v. Parsons
Majority by Dirk M. Sandefur · 4 to 3
fenses related to the chase. Police also later charged Parsons with misdemeanor negligent endangerment and reckless driving in violation of §§ 45-5-208(1) and 61-8-301(1), MCA. ¶4 At his subsequent jury trial, on the State’s motion, the Municipal Court precluded Parsons from presenting evidence and argument that, rather than in
2017 MT 282 Nov 17, 2017 Affirmed
City of Missoula v. J. Williams
Majority by Laurie McKinnon · 4 to 0 with 1 concurring
l content (BAC) of 0.197. ¶5 The City of Missoula (the City) charged Williams with aggravated DUI pursuant to § 61-8-465, MCA; reckless driving pursuant to § 61-8-301, MCA; and refusing to submit to a blood or breath test pursuant to § 10.56.020 of the Missoula Municipal Code. Williams filed a motion to suppress the blood draw e
2016 MT 266 Oct 25, 2016 Affirmed
City of Billings v. D. Nolan
Majority by Laurie McKinnon · 5 to 0
on of the Court. ¶1 Donnie Derrell Nolan (Nolan) was convicted, following a jury trial in the Billings Municipal Court, of reckless driving (in violation of § 61-8-301(1)(a), MCA) and failing to yield to an emergency vehicle (in violation of § 61-8-346(1), MCA). Nolan appealed to the Thirteenth Judicial District Court, Yellowstone Coun
2015 MT 157 Jun 9, 2015 Affirmed
State v. Pinder
Majority by Michael E Wheat · 5 to 0
e Pinder had three prior DUI convictions, he was charged with felony DUI in violation of § 61-8-401(c), MCA, and misdemeanor reckless driving in violation of § 61-8-301(1)(a), MCA. He pled not guilty to both counts. ¶6 On September 30, 2013, Pinder filed a motion to dismiss the DUI charge. An evidentiary hearing was held on October 31
Official Annotations archive.org, 2005 edition
History:
En. Sec. 40, Ch. 263, L. 1955
Amd. Sec. 4, Ch. 201, L. 1957
Amd. Sec. 1, Ch. 287, L. 1977
R.C.M. 1947, 32-2143(1), (4)
Amd. Sec. 1, Ch. 209, L. 1979
Amd. Sec. 1, Ch. 221, L. 1985
Amd. Sec. 1, Ch. 561, L. 2001 (HB 256 - Younkin, Cindy (R) HD 28)
Amd. Sec. 1, Ch. 46, L. 2003 (HB 112 - Pattison, Jeff (R) HD 95)
Amd. Sec. 1, Ch. 352, L. 2003 (HB 105 - Olson, Bernie (R) HD 76)
Amd. Sec. 3, Ch. 379, L. 2003 (HB 141 - Lange, Michael (R) HD 19)
Source text on leg.mt.gov