(A) It shall be unlawful for any person to:
(1) Operate any vehicle in willful or wanton disregard for the safety of persons or property; or
(2) Operate any vehicle in willful or wanton disregard for the safety of persons or property while fleeing or attempting to flee from or elude a peace officer who is lawfully in pursuit and whose vehicle is at the time in compliance with the requirements of M.C.A. § 61-9-402.
(B) Any person convicted of a violation of division (A)(1) above shall be punished upon a first conviction by imprisonment for a period of not more than 90 days or by a fine of not less than $25 or more than $300, or by both such fine and imprisonment; and on a second or subsequent conviction shall be punished by imprisonment for not less than ten days or more than six months or by a fine of not less than $50 or more than $500, or by both such fine and imprisonment
(C) Any person convicted of a violation of division (A)(2) shall be punished by imprisonment for not less than ten days or more than six months to which may be added at the discretion of the court, a fine of not less than $300 or more than $500. On a second or subsequent conviction, the person shall be punished by imprisonment for a term of not less than 30 days or more than one year, to which may be added at the discretion of the court, a fine of not less than $500 or more than $1,000.
(1985 Code, § 10.04.020)