TRAFFIC -- ENFORCEMENT AND GENERAL PROVISIONS
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.
RULES OF THE ROAD
49-654. BASIC RULE AND MAXIMUM SPEED LIMITS. (1) No person shall drive a
vehicle at a speed greater than is reasonable and prudent under the conditions
and having regard to the actual and potential hazards then existing.
Consistent with the foregoing, every person shall drive at a safe and
appropriate speed when approaching and crossing an intersection or railroad
grade crossing, when approaching and going around a curve, when approaching a
hillcrest, when traveling upon any narrow or winding highway, and when special
hazards exist with respect to pedestrians or other traffic or by reason of
weather or highway conditions.
(2) Where no special hazard or condition exists that requires lower speed
for compliance with subsection (1) of this section the limits as hereinafter
authorized shall be maximum lawful speeds, and no person shall drive a vehicle
at a speed in excess of the maximum limits:
(a) Thirty-five (35) miles per hour or a lesser maximum speed adopted
pursuant to section 49-207(2)(a), Idaho Code, in any residential, business
or urban district;
(b) Thirty-five (35) miles per hour in any urban district;
(c) Seventy-five (75) miles per hour on interstate highways;
(d) Sixty-five (65) miles per hour on state highways;
(e) Fifty-five (55) miles per hour in other locations unless otherwise
posted up to a maximum of sixty-five (65) miles per hour.
(3) The maximum lawful speed limit on interstate highways shall not
exceed sixty-five (65) miles per hour for vehicles with five (5) or more axles
operating at a gross weight of more than twenty-six thousand (26,000) pounds.