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Resisting And Fleeing

Idaho Code § 18-705 and Idaho Code § 49-1404 — resisting or obstructing, and a felony for fleeing at thirty over

Resisting, delaying, obstructing. Willfully resisting, delaying or obstructing a public officer in the discharge of a duty, or knowingly giving a false report to a peace officer, is punishable by a fine of up to $1,000 and up to one year in the county jail, where no other punishment is set.

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A driver who willfully flees or tries to elude a pursuing police vehicle after a visual or audible signal to stop, by emergency lights or siren, commits a misdemeanor, and the license is suspended.

  • Idaho Code § 49-1404

When fleeing becomes a felony. It is a felony if, while fleeing, the driver goes more than thirty miles per hour over the posted limit, causes property damage or bodily injury, drives in a way that endangers people or property, or leaves the state.

  • Idaho Code § 49-1404

The fleeing section does not set the terms itself. Unless a section sets another punishment, a misdemeanor carries up to six months in the county jail and a fine of up to $1,000, and a felony up to five years in prison and a fine of up to $50,000.

It is enough that a reasonable person knew or should have known the signal was meant to stop the car. A particular charge is a question for a licensed Idaho attorney.

  • Idaho Code § 49-1404
Sources for this section (4)
  1. Idaho Code § 18-705 — Resisting and obstructing officers
  2. Idaho Code § 49-1404 — Fleeing or attempting to elude a peace officer
  3. Idaho Code § 18-113 — Punishment for misdemeanor
  4. Idaho Code § 18-112 — Punishment for felony

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.

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