Laws regarding reckless driving charges vary from state to state—including the name of the offense and its definition. This offense may also be known as reckless operation of a motor vehicle or driving to endanger—but generally requires that the government (prosecution) prove the driver was willfully operating a motor vehicle in a way that showed indifference to the safety of persons or property.

And in some states certain driving behavior may be considered reckless driving per se (pronounced pur-Say)—which is reckless driving by definition or “on its face.” For example, if a driver is driving more than 30 miles per hour over the speed limit or is engaged in street racing, the driver may be charged with reckless driving per se, and the prosecutor will not be required to prove any other elements of the reckless driving offense, as such behavior is reckless driving by definition—with the definition being provided by the state legislature in the traffic code.

As with many traffic violations, the officer issuing the citation and the prosecutor have significant discretion in determining whether there was a violation of a traffic law and whether the violation constitutes a certain offense, as defined by the state legislature in the traffic code or in a municipal ordinance.

This discretion to issue a ticket or citation and prosecute the charge against the driver is balanced by the discretion of the jury or judge in determining whether the prosecution met its burden of proof sufficient to convict the driver (for a criminal offense) or find the driver responsible (for a civil infraction, violation, or offense).

In Montana, reckless driving is defined under Montana Code Annotated 61-8-301. The statute specifies that a person commits the offense of reckless driving if they drive a vehicle upon the public highways of the state in a reckless manner with disregard for the safety of persons or property. Montana law does not explicitly define certain behaviors as reckless driving per se, such as driving a specific amount over the speed limit or street racing. However, such behaviors could be considered evidence of reckless driving. The charge of reckless driving in Montana is a misdemeanor, and upon conviction, a person may face penalties including fines, imprisonment, or both. Additionally, points may be added to the driver's record, which can affect their driving privileges. Law enforcement officers have the discretion to issue citations for reckless driving, and prosecutors have the discretion to bring charges. Ultimately, it is up to the judge or jury to determine if the prosecution has met its burden of proof to convict the driver of reckless driving.