Notes of Decisions
Fisher v. Swift Transp. Co., 2008 MT 105, 181 P.3d 601.
· cites it 14× “" Second, Fisher maintains that § 61-8-303(4), MCA, imposes a duty of care upon all drivers by providing that they "shall operate a vehicle in a careful and prudent manner and at a reduced rate of speed no greater than is reasonable and prudent under the conditions existing at…”
City of Great Falls v. Morris, 2006 MT 93, 134 P.3d 692.
· cites it 5× “Did the evidence support a conviction of careless driving? ¶29 Morris argues that the evidence presented at trial failed to support a conviction of careless driving, pursuant to § 61-8-302(1), MCA, which states: A person operating or driving a vehicle on a public highway shall…”
State v. Bell, 923 P.2d 524 (Mont. 1996).
· cites it 6× “Section 61-8-302, MCA, prohibits careless driving, and § 61-8-303, MCA, requires that a vehicle be operated in a careful and prudent manner and at a speed of no more than 25 miles per hour in an urban district.”
State v. Stanko, 1998 MT 321, 974 P.2d 1132.
· cites it 4× “¶ 31 We do not, however, mean to imply that motorists who lose control of their vehicle or endanger the life, limb, or property of others by the operation of their vehicle on a street or highway cannot be punished for that conduct pursuant to other statutes, such as § 61-8-301,…”
Nelson v. Flathead Valley Transit, 824 P.2d 263 (Mont. 1992).
· cites it 4× “Careless driving is prohibited by § 61-8-302, MCA, which provides as follows: A person operating or driving a vehicle of any character on a public highway of this state shall drive it in a careful and prudent manner so as not to unduly or unreasonably endanger the life, limb,…”
Dillard v. Doe, 824 P.2d 1016 (Mont. 1992).
· cites it 2× “The presumed actions and *384 omissions of the snowplow operator would constitute a violation of § 61-8-302, MCA, which requires operating a vehicle in a careful and prudent manner and § 61-8-303, MCA, which requires operating a vehicle in a careful and prudent manner and at a…”
State v. David Kime, 2013 MT 14, 295 P.3d 580.
· cites it 2× “PROCEDURAL AND FACTUAL BACKGROUND ¶6 In August 2011, the State charged Kime with felony driving under the influence of alcohol (§§ 61-8-401 and 61-8-731, MCA); careless driving (§ 61-8-302, MCA); and operating a motor vehicle while a habitual traffic offender (§ 61-11-213, MCA).”
State v. Pizzola, 942 P.2d 709 (Mont. 1997).
· cites it 2× “The City Court denied Pizzola’s motion to dismiss and permitted the City to amend the complaint to add a charge of reckless driving in violation of § 61-8-301, MCA, or, in the alternative, careless driving in violation of § 61-8-302, MCA. A jury subsequently found Pizzola guilty…”
City of Billings v. Albert, 2009 MT 63, 203 P.3d 828.
· cites it 2× “For example, subjective judgment is required to determine what constitutes “careful and prudent” driving when enforcing § 61-8-302, MCA, prohibiting careless driving.”
Tempel v. Benson, 2015 MT 84, 346 P.3d 342.
· cites it 6× “¶20 During discovery, Tempel asked Benson to admit that, on the day of the car crash, she operated her “motor vehicle in violation of Mont. Code Ann. §§ 61-8-302 , 61-8-343 and 61-8-345.”
Sevalstad v. Glaus, 737 P.2d 1147 (Mont. 1987).
· cites it 3× “Glaus pleaded guilty to careless driving in violation of Section 61-8-302, MCA. Sevalstad brought a complaint for negligence against Glaus and Neifert on January 3, 1985.”
City of Helena v. O'Connell, 2019 MT 69, 438 P.3d 318.
· cites it 6× “On June 3, 2016, Officer Kaleczyc charged O'Connell with careless driving for failure to operate her truck in a safe and prudent manner in violation of § 61-8-302, MCA. ¶4 On June 9, 2016, O'Connell pleaded guilty to careless driving in violation of § 61-8-302, MCA, and Helena…”
Mont. Code Ann. § 61-8-302(1): 4 cases
Fisher v. Swift Transp. Co., 2008 MT 105, 181 P.3d 601.
“" Second, Fisher maintains that § 61-8-303(4), MCA, imposes a duty of care upon all drivers by providing that they "shall operate a vehicle in a careful and prudent manner and at a reduced rate of speed no greater than is reasonable and prudent under the conditions existing at…”
City of Great Falls v. Morris, 2006 MT 93, 134 P.3d 692.
“Did the evidence support a conviction of careless driving? ¶29 Morris argues that the evidence presented at trial failed to support a conviction of careless driving, pursuant to § 61-8-302(1), MCA, which states: A person operating or driving a vehicle on a public highway shall…”
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