Evading

If you have been arrested, charged, or cited for a driving crime, it is important that you understand the charges against you and what your legal rights are. Idaho criminal and traffic law can be complex. You should not try to take on the criminal justice system on your own.

Misdemeanor vs. Felony

Eluding can me charged as either a felony or a misdemeanor. The differences are subtle. With the help of a skilled attorney, it may be possible to have a felony eluding charge reduced to a misdemeanor.

Any driver of a motor vehicle who willfully 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.

Any driver who is guilty of the above, while: (a) Travels in excess of thirty (30) miles per hour above the posted speed limit; (b) Causes damage to the property of another or bodily injury to another; (c) Drives his vehicle in a manner as to endanger or likely to endanger the property of another or the person of another; or (d) Leaves the state - is guilty of a felony!

The signal given by a peace officer may be by emergency lights or siren. It is sufficient proof that a reasonable person knew or should have known that the visual or audible signal given by a peace officer was intended to bring the pursued vehicle to a stop.

For more information see: https://legislature.idaho.gov/statutesrules/idstat/Title49/T49CH14/SECT49-1404/

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