State v. Bedard

The majority opinion follows the analysis of the district court by relying on the Court of Appeals case of State v. Monaghan, 116 Idaho 972, 783 P.2d 311 (Ct.App.1989). However, while I agree that Monaghan was correctly decided, the majority’s reliance on that case is misplaced.

As the majority opinion states, Monaghan interpreted former I.C. § 49-645, which defined the criminal offense of “failure to yield to an emergency vehicle” by explicitly referring to the siren and emergency light specifications set forth in former I.C. § 49-606. Former Idaho Code § 49-645(1) stated:

Upon the immediate…