State v. Monaghan

SWANSTROM, Judge.

Francis Monaghan appealed from a magistrate’s judgment finding he had committed the infraction of failure to yield to an emergency vehicle — a Canyon County Sheriff’s vehicle. In its appellate capacity, the district court upheld the magistrate’s judgment. The issue in this appeal is whether the state was required to prove, as an element of the infraction, that the warning lights and siren on the sheriff’s vehicle met the statutory operating requirements of former I.C. § 49-606(1), (3) (repealed in 1988 and replaced by I.C. § 49-623). This raises a question of law over which…