Reckless driving penalties in Montana start with a criminal misdemeanor on your record, a fine of up to $500, and up to 90 days in jail for a first offense. The charge lives under Montana Code Annotated 61-8-301, which defines reckless driving as operating a vehicle with willful or wanton disregard for the safety of people or property. Penalties climb steeply if you’ve been convicted before or if the driving caused injury or death, and the conviction hits your license, insurance, and (for CDL holders) your livelihood.
What Gets Charged as Reckless Driving
The statute turns on “willful or wanton disregard” for safety. That standard separates a criminal charge from an ordinary traffic mistake: prosecutors have to show the driver made a conscious choice to create an obvious risk, not just a lapse of attention. Typical fact patterns include extreme speeds through traffic, weaving across lanes without signaling, passing on blind curves, or ignoring pedestrians in crowded areas.
Montana has a separate, lesser offense called careless driving under MCA 61-8-302. Careless driving covers negligence, the failure to drive in a careful and prudent manner. Reckless driving requires something closer to a deliberate choice to ignore risk. Both are illegal, but only reckless driving is treated as a serious criminal offense with potential jail time.
First-Offense Penalties
A first reckless driving conviction under MCA 61-8-715 carries a fine of $100 to $500, up to 90 days in jail, or both.1Montana Code Annotated. Montana Code 61-8-715 – Reckless Driving Penalty Judges have discretion within that range. For genuinely first-time offenders the jail portion is sometimes suspended in favor of probation or other conditions, but the conviction still lands on your criminal record as a misdemeanor. That is what makes this charge qualitatively different from a speeding ticket.
The conviction also hits your driving record. Montana assigns 5 points for reckless driving, among the highest values on the state’s point schedule.2Montana State Legislature. Montana Code 61-11-203 – Definitions Habitual Traffic Offenders Point Schedule Insurance companies treat the conviction as a high-risk indicator, and premiums often jump. The misdemeanor can surface on background checks and affect employment or professional licensing.
Second and Subsequent Convictions
A second or later reckless driving conviction changes the picture. The fine rises to $500 to $1,000, and jail time runs from a mandatory minimum of 5 days to a maximum of 6 months.1Montana Code Annotated. Montana Code 61-8-715 – Reckless Driving Penalty The mandatory minimum is the critical shift. On a first offense a judge might suspend jail entirely; on a repeat, some time behind bars is guaranteed.
When Someone Is Injured or Killed
Reckless driving that causes serious bodily injury or death carries a fine of up to $10,000, incarceration of up to one year, or both.1Montana Code Annotated. Montana Code 61-8-715 – Reckless Driving Penalty Montana defines “serious bodily injury” as an injury that creates a substantial risk of death, causes serious permanent disfigurement, or produces prolonged loss or impairment of the function of a body part or organ.3Montana Code Annotated. Montana Code 45-2-101 – General Definitions
Courts must also order full restitution to any victim who suffered financial losses. That covers medical bills, lost wages, property damage, and other out-of-pocket costs tied to the crash. The obligation follows the offender, and even the offender’s estate, until every dollar is paid, regardless of whether the person is still under court supervision. If the offender genuinely cannot pay, the court can substitute community service credited at the state minimum wage per hour against the balance owed.
License Points and Suspension
Reckless driving adds 5 points to your Montana driving record per conviction. For comparison, a speeding ticket is 3 points and most other moving violations are 2.2Montana State Legislature. Montana Code 61-11-203 – Definitions Habitual Traffic Offenders Point Schedule A single reckless driving conviction puts you nearly all the way to the 6-point threshold that can trigger mandatory counseling or a driving re-examination within an 18-month window. Failing to comply results in a 3-month suspension.
Higher thresholds bring worse outcomes. Fifteen points within 36 months triggers a 6-month license suspension. Thirty points within 3 years qualifies you as a habitual traffic offender, which carries its own set of legal consequences.2Montana State Legislature. Montana Code 61-11-203 – Definitions Habitual Traffic Offenders Point Schedule If your license is suspended, you may have to file proof of financial responsibility (an SR-22 certificate) with the state before your driving privileges come back. That requirement typically runs three years and adds insurance costs on top of the premium increase from the conviction itself.
CDL Consequences
Commercial license holders face a separate layer of penalties. Montana classifies reckless driving as a “serious traffic violation” under MCA 61-8-803. One conviction alone doesn’t automatically suspend the CDL, but a second serious traffic violation within three years brings a 60-day CDL suspension, and a third or later violation in that window extends the suspension to 120 days.4Montana Code Annotated. Montana Code 61-8-803 – Suspension of Commercial Drivers License Serious Traffic Violations
Other offenses in the “serious traffic violation” category include speeding 15 or more miles per hour over the limit, improper lane changes, and following too closely. A CDL holder who picks up a reckless driving conviction and already has a recent 15-over speeding ticket is looking at a 60-day CDL suspension, which for most professional drivers means 60 days without income.
Clearing a Reckless Driving Conviction Later
Montana allows expungement of misdemeanor convictions, so a first-offense reckless driving conviction can eventually be sealed from your criminal record. You must have completed your entire sentence, including all fines, jail time, probation, and any court-ordered treatment. Then five years must pass with no new convictions in any state or federal court.5Montana Courts. Misdemeanor Expungement in Montana
If you meet those criteria and have no pending charges, expungement is presumed under MCA 46-18-1107, meaning the court is expected to grant it unless there’s a specific reason not to. You petition a district court, and if the order is granted, the arresting agency, the prosecutor’s office, the court clerk, and the Department of Justice all permanently seal their records related to the offense.
One important limit: Montana allows only one expungement petition in your lifetime.6Montana Code Annotated. Montana Code 46-18-1104 – Eligibility for Misdemeanor Expungement If you have multiple misdemeanor convictions, the court can expunge all, some, or none of them in that single petition. Anyone with more than one conviction should think carefully about timing before filing, because there is no second chance at this process.