49-1401. RECKLESS DRIVING. (1) Any person who drives or is in actual physical control of any vehicle upon a highway, or upon public or private property open to public use, carelessly and heedlessly or without due caution and circumspection, and at a speed or in a manner as to endanger or be likely to endanger […]
49-1401A. DISTRACTED DRIVING. (1) As used in this section: (a) "Mobile electronic device" means a cellular telephone; broadband personal communication device; two-way messaging device; text messaging device; pager; personal digital assistant; laptop computer; computer tablet; stand-alone computer; portable computing device; mobile device with a touchscreen display that is designed to be worn; electronic games; equipment […]
49-1402. PARTIES TO A CRIME. Every person who commits, attempts to commit, conspires to commit, or aids or abets in the commission of any act declared to be a crime, whether individually or in connection with one or more other persons or as a principal, agent, or accessory, shall be guilty of that offense, and […]
49-1403. OFFENSES BY PERSONS OWNING OR CONTROLLING VEHICLES. It shall be unlawful for the owner, or any other person, employing or otherwise directing the driver of any vehicle, to require or knowingly permit the operation of the vehicle upon a highway in any manner contrary to law. History: [49-1403, added 1988, ch. 265, sec. 339, […]
49-1404. FLEEING OR ATTEMPTING TO ELUDE A PEACE OFFICER — PENALTY. (1) Any driver of a motor vehicle who wilfully flees or attempts to elude a pursuing police vehicle when given a visual or audible signal to bring the vehicle to a stop, shall be guilty of a misdemeanor. The signal given by a peace […]
49-1405. ARRESTS FOR SERIOUS OFFENSES. (1) The authority to make an arrest is the same as upon an arrest for a felony when any person is charged with any of the following offenses: (a) Negligent homicide. (b) Driving, or being in actual physical control, of a vehicle or operating a vessel while under the influence […]
49-1406. WHEN PERSON MUST BE TAKEN IMMEDIATELY BEFORE A MAGISTRATE. Whenever any person is halted by a peace officer for any violation of the provisions of this title not amounting to a misdemeanor and demands an immediate appearance before a magistrate, he shall be taken without unnecessary delay before the proper magistrate as specified in […]
49-1407. WHEN PEACE OFFICER HAS OPTION TO TAKE PERSON BEFORE A MAGISTRATE. Whenever any person is halted by a peace officer for any misdemeanor violation of the provisions of this title and is not required to be taken before a magistrate, the person shall, in the discretion of the officer, either be given a traffic […]
49-1408. ARREST OF NONRESIDENT. (1) All of the provisions of this title apply both to residents and nonresidents of Idaho, except the special provisions in this section which shall govern misdemeanor violations in respect to nonresidents under the circumstances stated. (2) A peace officer at the scene of a traffic accident may arrest without a […]
49-1409. ISSUANCE OF TRAFFIC CITATION. Whenever a person is halted by a peace officer for a misdemeanor traffic violation and is not taken before a magistrate as required or permitted by this title, the officer shall issue a citation as provided by section 19-3901, Idaho Code, and by rule of the supreme court. History: [49-1409, […]
49-1410. AUTHORITY OF OFFICER TO ISSUE CITATION AT SCENE OF ACCIDENT. A peace officer at the scene of a traffic accident may issue a written traffic citation, as provided in section 19-3901, Idaho Code, to any driver of a vehicle involved in the accident when, based upon personal investigation, the officer has reasonable and probable […]
49-1411. APPEARANCE BEFORE MAGISTRATE — PROCEDURE. A person shall be taken before a magistrate or given a traffic citation and the charge subsequently processed, as provided by rule of the supreme court. History: [49-1411, added 1988, ch. 265, sec. 347, p. 748.]
49-1412. RELEASE OF DEFENDANT WHEN MAGISTRATE NOT AVAILABLE. Whenever any person is taken into custody by an officer for the purpose of taking him before a magistrate as authorized or required in this chapter upon any charge other than a felony or the offenses enumerated in subsections (1)(a) through (d) of section 49-1405, Idaho Code, […]
49-1413. PROCEDURE PRESCRIBED NOT EXCLUSIVE. The provisions of this chapter shall govern all peace officers in making arrests without a warrant for misdemeanor violations of the provisions of this title, but the procedure prescribed shall not otherwise be exclusive of any other method prescribed by law for the arrest and prosecution of a person for […]
49-1414. CONVICTION FOR TRAFFIC VIOLATION NOT TO AFFECT CREDIBILITY OF WITNESS. The conviction of a person upon a charge of violating any provision of this title less than a felony shall not affect or impair the credibility of that person as a witness in any civil or criminal proceeding. History: [49-1414, added 1988, ch. 265, […]
49-1415. ILLEGAL CANCELLATION OF TRAFFIC CITATION — AUDIT OF CITATION RECORDS. (1) Any person who cancels or solicits the cancellation of any traffic citation, in any manner other than as provided in this chapter, shall be guilty of a misdemeanor. (2) Every record of traffic citations required in this chapter shall be audited at least […]
49-1416. RECORD OF TRAFFIC CASES — REPORT OF CONVICTIONS TO DEPARTMENT. (1) Every magistrate or judge of a court shall keep or cause to be kept a record of every traffic complaint, traffic citation, or other legal form of traffic charge deposited with or presented to the court, and shall keep a record of every […]
49-1417. PROVISIONS OF SECTIONS UNIFORM THROUGHOUT STATE. The provisions of sections 49-1401 and 49-1402, Idaho Code, shall be applicable and uniform throughout the state and in all political subdivisions and no local authority shall enact or enforce any ordinance, rule, or regulation in conflict with the provisions of those sections. History: [49-1417, added 1988, ch. […]
49-1418. AUTHORIZING SEIZURE OF VESSELS, MOTOR AND OTHER VEHICLES — PROHIBITING DEFACING, ALTERING OR OBLITERATING NUMBERS — SALES PROHIBITED. (1) Any peace officer or authorized transportation department employee, with or without a warrant, may seize and take possession of any vehicle, trailer, semitrailer, vessel, vessel motor or implement of husbandry, or any part or parts […]
49-1419. OBEDIENCE TO TRAFFIC DIRECTION. No person shall willfully fail or refuse to comply with any lawful order or direction of any peace officer, fireman or uniformed adult school crossing guard invested by law with authority to direct, control or regulate traffic. History: [49-1419, added 1988, ch. 265, sec. 355, p. 751.]
