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 any person or property, or who passes when there is a line in his lane indicating a sight distance restriction, shall be guilty of reckless driving and upon conviction shall be punished as provided in subsection (2) of this section.
(2) Every person who pleads guilty to or is found guilty of reckless driving for the first time is guilty of a misdemeanor and may be sentenced to jail for not more than six (6) months or may be fined not more than one thousand dollars ($1,000), or may be punished by both fine and imprisonment. Every person who pleads guilty to or is found guilty of reckless driving, who has previously been found guilty of or has pled guilty to reckless driving, or any substantially conforming foreign criminal violation within five (5) years, notwithstanding the form of the judgment(s) or withheld judgment(s), is guilty of a misdemeanor and may be sentenced to jail for not more than one (1) year or may be fined not more than two thousand dollars ($2,000), or may be punished by both fine and imprisonment. The department shall suspend the driver’s license or privileges of any such person as provided in section 49-326, Idaho Code.
(3) Inattentive driving shall be considered a lesser offense than reckless driving and shall be applicable in those circumstances where the conduct of the operator has been inattentive, careless or imprudent, in light of the circumstances then existing, rather than heedless or wanton, or in those cases where the danger to persons or property by the motor vehicle operator’s conduct is slight. Every person convicted of inattentive driving under this section shall be guilty of a misdemeanor and may be sentenced to jail for not more than ninety (90) days or may be fined not more than three hundred dollars ($300), or may be punished by both fine and imprisonment.
History:
[49-1401, added 1988, ch. 265, sec. 337, p. 744; am. 1989, ch. 88, sec. 53, p. 191; am. 1992, ch. 115, sec. 32, p. 375; am. 2005, ch. 119, sec. 1, p. 379; am. 2006, ch. 71, sec. 21, p. 224.]
Structure Idaho Code
Chapter 14 - TRAFFIC — ENFORCEMENT AND GENERAL PROVISIONS
Section 49-1401 - RECKLESS DRIVING.
Section 49-1401A - DISTRACTED DRIVING.
Section 49-1402 - PARTIES TO A CRIME.
Section 49-1403 - OFFENSES BY PERSONS OWNING OR CONTROLLING VEHICLES.
Section 49-1404 - FLEEING OR ATTEMPTING TO ELUDE A PEACE OFFICER — PENALTY.
Section 49-1405 - ARRESTS FOR SERIOUS OFFENSES.
Section 49-1406 - WHEN PERSON MUST BE TAKEN IMMEDIATELY BEFORE A MAGISTRATE.
Section 49-1407 - WHEN PEACE OFFICER HAS OPTION TO TAKE PERSON BEFORE A MAGISTRATE.
Section 49-1408 - ARREST OF NONRESIDENT.
Section 49-1409 - ISSUANCE OF TRAFFIC CITATION.
Section 49-1410 - AUTHORITY OF OFFICER TO ISSUE CITATION AT SCENE OF ACCIDENT.
Section 49-1411 - APPEARANCE BEFORE MAGISTRATE — PROCEDURE.
Section 49-1412 - RELEASE OF DEFENDANT WHEN MAGISTRATE NOT AVAILABLE.
Section 49-1413 - PROCEDURE PRESCRIBED NOT EXCLUSIVE.
Section 49-1414 - CONVICTION FOR TRAFFIC VIOLATION NOT TO AFFECT CREDIBILITY OF WITNESS.
Section 49-1415 - ILLEGAL CANCELLATION OF TRAFFIC CITATION — AUDIT OF CITATION RECORDS.
Section 49-1416 - RECORD OF TRAFFIC CASES — REPORT OF CONVICTIONS TO DEPARTMENT.
Section 49-1417 - PROVISIONS OF SECTIONS UNIFORM THROUGHOUT STATE.
Section 49-1419 - OBEDIENCE TO TRAFFIC DIRECTION.
Section 49-1420 - INTERFERENCE WITH OFFICIAL TRAFFIC CONTROL DEVICES OR RAILROAD SIGNS OR SIGNALS.
Section 49-1421 - DRIVING ON DIVIDED HIGHWAYS — RESTRICTED ACCESS.
Section 49-1421A - HIGH OCCUPANCY VEHICLE LANES — PENALTIES — DEFINITIONS.
Section 49-1422 - OVERTAKING AND PASSING SCHOOL BUS.
Section 49-1423 - INVESTIGATION OF REPORTED VIOLATION OF FAILING TO OBEY SCHOOL BUS WARNING DEVICES.
Section 49-1424 - RACING ON PUBLIC HIGHWAYS.
Section 49-1425 - RAILROAD TRAINS NOT TO UNNECESSARILY BLOCK CROSSINGS.
Section 49-1426 - PEDESTRIANS UNDER INFLUENCE OF ALCOHOL OR DRUGS.
Section 49-1427 - VEHICLES TRANSPORTING EXPLOSIVES.
Section 49-1428 - FINANCIAL RESPONSIBILITY.
Section 49-1429 - FALSE CERTIFICATE.