Montana Code Annotated 2023

TITLE 61. MOTOR VEHICLES

CHAPTER 8. TRAFFIC REGULATION

Part 7. Enforcement -- Penalties

Reckless Driving -- Reckless Endangerment Of Emergency Personnel Or Highway Workers -- Failure To Yield To An Emergency Vehicle -- Penalty

61-8-715. Reckless driving -- reckless endangerment of emergency personnel or highway workers -- failure to yield to an emergency vehicle -- penalty. (1) Except as provided in subsection (2), a person convicted of reckless driving under 61-8-301(1)(a) or (1)(b), convicted of reckless endangerment of a highway worker under 61-8-389, or convicted of reckless endangerment of emergency personnel or reckless endangerment of highway workers under 61-8-389 shall be punished on a first conviction by imprisonment for a term of not more than 90 days, a fine of not less than $100 or more than $500, or both. On a second or subsequent conviction, the person shall be punished by imprisonment for a term of not less than 5 days or more than 6 months, a fine of not less than $500 or more than $1,000, or both.

(2) A person who is convicted of reckless driving under 61-8-301 or convicted of reckless endangerment of emergency personnel or reckless endangerment of highway workers under 61-8-389 and whose offense results in the death or serious bodily injury of another person shall be punished by a fine in an amount not exceeding $10,000, incarceration for a term not to exceed 1 year, or both.

(3) A person who is convicted of failure to yield to an emergency vehicle under 61-8-346 shall be punished as follows:

(a) for a first conviction, a fine of not less than $500 or more than $1,000, a sentence of community service of not less than 50 hours or more than 100 hours, or both;

(b) for a second conviction, a fine of not less than $1,000 or more than $2,000, a sentence of community service of not less than 100 hours or more than 200 hours, or both; and

(c) for a third or subsequent conviction, a fine of not less than $3,000 or more than $5,000, a sentence of imprisonment for a term of not less than 30 days, or both.

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(2), (3); amd. Sec. 3, Ch. 221, L. 1985; amd. Sec. 4, Ch. 473, L. 1997; amd. Sec. 3, Ch. 561, L. 2001; amd. Sec. 3, Ch. 46, L. 2003; amd. Sec. 45, Ch. 352, L. 2003; amd. Sec. 4, Ch. 379, L. 2003; amd. Sec. 2, Ch. 417, L. 2005; amd. Sec. 64, Ch. 44, L. 2007; amd. Sec. 2, Ch. 385, L. 2021; amd. Sec. 2, Ch. 258, L. 2023; amd. Sec. 3, Ch. 552, L. 2023; amd. Sec. 9, Ch. 567, L. 2023.