Legal Question in Traffic Law in Montana

my son is 17 years old. on the 4th of july he was driving from our campsite where he had spent the evening before with myself and his father and friends. He went to bed around 11pm. he awoke at 9 am the next morning. He left our campsite to go into town and see his girlfriend. apparently he fell asleep on his way back to town (approx 27 miles total). He ran off the road and totalled his truck. no other vehicles were involved and he did not cross the yellow line. he went off the road on the right hand side into the ditch. he did not do any damage to any property. he was taken by ambulance to our local hospital and 3 hours later my husband and i were notified by the husband of one of the nurses that was working in the ER that day. The State Trooper did not write a ticket at the time of the accident and did not even go to the hospital with my son. one of our county officers followed the ambulance to the hospital and told my son and my mother that my son would not be given a ticket because it was an accident. 3 days later the state trooper showed up at our house and issued my son a careless driving ticket. here is what the law states in the state of montana

61-8-302. Careless driving. (1) A person operating or driving a vehicle on a public highway shall drive it in a careful and prudent manner that does not unduly or unreasonably endanger the life, limb, property, or other rights of a person entitled to the use of the highway.

(2) A person who is convicted of the offense of careless driving is subject to the penalties provided in 61-8-711 or 61-8-716.

History: En. 32-2143.3 by Sec. 1, Ch. 294, L. 1977; R.C.M. 1947, 32-2143.3; amd. Sec. 2, Ch. 561, L. 2001.

i do not know what to do, should my son plead not guilty? i dont want it to be on his driving record because he had a true ACCIDENT


Asked on 7/17/10, 9:18 pm

1 Answer from Attorneys
Carolyn J. Stevens CJ Stevens|Law

[This is not my area of practice.] I see two choices:

1 - Your son represents himself. He talks to the prosecuting attorney about what he needs to do to keep this off his record. If the offense will raise his insurance, and he can't afford that, and he needs to drive for his job, the prosecutor might offer a 'probationary' period of no further offenses in exchange for dropping the charge after that date. But don't count on it. Your son was off the road, crashed, so he did create a dangerous situation. He was fortunate that no one else was involved.

2 - Your son retains an attorney who practices traffic law and knows the ins and outs of this court and how this prosecutor treats first offenses of this type. The prosecutor might routinely fight tooth and nail or might routinely consider giving a first-time offender a break.

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Answered on 7/23/10, 11:00 am


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