State v. Barsness

It was admitted before the magistrate below that the police car involved here was exceeding the speed limit.1 Since the police car was an authorized emergency vehicle, I.C. § 49-606 allowed the officer driving the car to so exceed the limit with impunity, provided that (1) “he does not endanger life or property,” I.C. § 49-606(2)(c), and (2) he operates the vehicle with “due regard for the safety of all persons," I.C. § 49-606(4). I.C. § 49-645, which Bareness was convicted of violating, requires that drivers yield to authorized emergency vehicles “meeting the *212requirements of section 49-606,…