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ICJI 1033

Eluding a Peace Officer

activein force · 2024-01-01 – presentas-observed

ICJI 1033 ELUDING A PEACE OFFICER

In order for the defendant to be guilty of Eluding a Peace Officer, the state must prove each of the following:

1. On or about [date]

2. in the state of Idaho,

3. while driving a motor vehicle,

4. the defendant [name] wilfully fled or attempted to elude

5. a pursuing police vehicle

6. when a peace officer had given the defendant a visual or audible signal to bring the defendant's vehicle to a stop, and

If any of the above has not been proven beyond a reasonable doubt, you must find the defendant not guilty. If each of the above has been proven beyond a reasonable doubt, then you must find the defendant guilty.

The signal to stop must be given by emergency lights or siren which a reasonable person knew or should have known was intended to bring the pursued vehicle to a stop.

Comment

I.C. � 49-1404(1). The statute expressly provides that the emergency lights or siren need not conform to the standards for decibel ratings or light visibility specified in section 49-623(3).

The signal to stop must be given by emergency lights or siren. State v. Bedard, 120 Idaho 869, 820 P.2d 1226 (1991).

Provenance

Source
isc.idaho.gov
Retrieved
2026-08-21
Edition
2026-08-20
Content hash
d5f471644f1fea3df89bb793d51cdc586b2f7481eb782129f5c829ad6b8cc1ce
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