Construction zones are a common sight across Montana—especially during the warmer months. Whether you're navigating highway repairs or passing through city street upgrades, it's easy to become frustrated by slower speeds, lane shifts, and delays. But what many drivers don't realize is that the legal stakes are much higher in these zones.
Montana law imposes enhanced criminal penalties for traffic offenses committed in construction areas, particularly when workers are present. Something as simple as speeding or distracted driving can escalate into a misdemeanor—or worse.
At Ryan & Miller, we’ve seen firsthand how a moment of carelessness in a work zone can spiral into a serious legal issue. Below, we break down the key laws that govern construction zone enforcement, what penalties you could face, and how we can help if you find yourself charged.
Understanding the Law: MCA 61-8-301 and MCA 61-8-715
Under MCA 61-8-715, if you are convicted or plea to Reckless Driving and highway workers are present, reckless endangerment of a highway worker, or reckless endangerment of emergency personnel or highway workers, you face increased penalties. Those penalties increase to imprisonment for not longer than 90 days and a fine of not less than $100 or more than $500, or both. For a second or subsequent conviction the penalties further increase to a term of not less than 5 days of imprisonment up to 6 months, a fine of not less than $500 or more than $1,000, or both.
In addition, 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.
Why the Penalties Are So Harsh
Montana has seen several devastating incidents involving drivers striking road workers in recent years. In response, the legislature strengthened laws to deter careless behavior in construction zones. Courts now have little patience for excuses like “I didn’t see the signs” or “I thought no one was working.”
From the state’s perspective, public safety—and the safety of construction crews—comes first. Unfortunately, this means that even first-time offenders may be treated harshly if their actions are seen as willfully negligent.
How Ryan & Miller Can Help
If you’ve been charged with a traffic offense in a construction zone, it’s essential to act quickly. At Ryan & Miller, we know the local courts, judges, and prosecutors. We can:
- Investigate the circumstances of your stop—including whether signage was clear or whether workers were present.
- Negotiate with prosecutors to reduce the charge or seek alternatives to jail time.
- Represent you in court to protect your record, your license, and your future.
These charges can follow you for years, but with the right legal help, you may be able to minimize or even avoid long-term consequences.
Final Thoughts: Slow Down, Stay Safe—and Know Your Rights
Construction zones are more than an inconvenience—they are legally high-risk areas. If you’re cited or arrested in a work zone, don’t assume it’s just a traffic ticket. The penalties can be far more serious, and they can impact your life in unexpected ways.
If you’re facing charges or have questions about your rights, contact Ryan & Miller today. Our experienced attorneys are here to guide you through the process and fight for the best possible outcome.