Idaho Code
Idaho Code § 49-1401 (2026)
Reckless driving.
✓ current as of May 2026
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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.
Notes of Decisions
Cited in 70
cases (9 in the last 5 years), 1957–2025 · leading case: State v. Parker, 118 P.3d 107 (Idaho 2005).
State v. Parker, 118 P.3d 107 (Idaho 2005). “Idaho Code § 49-1401 does not prescribe any specific sentence for inattentive driving, but provides that it is a lesser offense than "reckless driving.”
Petersen v. Parry, 448 P.2d 653 (Idaho 1968). “Petersen, at the time of the collision, was a guest in Owen Johnson's (R[2]) automobile within the meaning of the motor vehicle guest statute, I.C. § 49-1401. Appellants have appealed both from the order granting judgment of involuntary dismissal of their second cause of action,…”
State v. Gonzalez, 439 P.3d 1267 (Idaho 2019). “On appeal, the State abandoned the fact-based argument it presented to the district court and took up a wholly new one: The officers did not violate the Fourth Amendment because they had probable cause to believe that the defendant had no driver's license-which alone is…”
State v. Smith, 822 P.2d 539 (Idaho Ct. App. 1991). “[3] Idaho Code § 49-1401 (1) provides that, 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…”
State v. Perez, Jr., 434 P.3d 801 (Idaho 2019). “2 We hold that the district court did not err in finding that Officer Henry had reasonable suspicion that the driver committed the crime of reckless driving as defined by Idaho Code section 49-1401(1). Pursuant to Idaho Code section 49-1401(1) : Any person who drives or is in…”
Hodge v. Borden, 417 P.2d 75 (Idaho 1966). “The aforesaid grounds alleged by respondents for recovery are set forth in the guest statute, I.C. § 49-1401, which reads: “Liability of motor owner to guest.”
State v. Corbus, 256 P.3d 776 (Idaho Ct. App. 2011). “§ 49-1404, and misdemeanor reckless driving, I.C. § 49-1401. At his arraignment, Corbus entered a guilty plea to reckless driving, but was not immediately sentenced.”
O'GUIN v. Bingham Cnty., 122 P.3d 308 (Idaho 2005). “" At the time, the other statute was known as I.C. § 49-1401. It stated: Liability of motor owner to guestNo person transported by the owner or operator of a motor vehicle as his guest without payment for such transportation shall have a cause for damages against such owner or…”
Deen v. State, 958 P.2d 592 (Idaho 1998). “I.C. § 49-1401(3). The fact that the officer did not testify in the hearing before the magistrate judge that Deen violated I.”
Draper v. Draper, 772 P.2d 180 (Idaho 1989). “[1] In concluding the Court's proper disposition of the Guest Statute immunity there is not only the well-stated, precedent-documented opinion of Justice McQuade, concurred in by Justices Donaldson and Bakes, but also the separate majority opinion of Justice McFadden wherein he…”
State v. Corbus, 249 P.3d 398 (Idaho 2011). “, with other vehicles on the roadway, all in violation of I.C. § 49-1401. Upon pleading guilty to reckless driving and entering a conditional plea of guilty to felony eluding a peace officer, Corbus admitted to engaging in the criminal conduct alleged by the State in the…”
State v. Bernal, 427 P.3d 1 (Idaho 2018). “Bernal was charged by information with three crimes: aggravated assault with a deadly weapon, Idaho Code sections 18-901(a) and 18-905(a) ; reckless driving, Idaho Code section 49-1401 ; and leaving the scene of an accident, Idaho Code section 49-1301.”
— Idaho Code § 49-1401(1) — 17 cases
State v. Perez, Jr., 434 P.3d 801 (Idaho 2019). “2 We hold that the district court did not err in finding that Officer Henry had reasonable suspicion that the driver committed the crime of reckless driving as defined by Idaho Code section 49-1401(1). Pursuant to Idaho Code section 49-1401(1) : Any person who drives or is in…”
State v. Corbus, 256 P.3d 776 (Idaho Ct. App. 2011). “§ 49-1404, and misdemeanor reckless driving, I.C. § 49-1401. At his arraignment, Corbus entered a guilty plea to reckless driving, but was not immediately sentenced.”
State v. Roark, 103 P.3d 481 (Idaho Ct. App. 2004).
State v. Curtis, 944 P.2d 119 (Idaho 1997).
State v. Rosencrantz, 946 P.2d 628 (Idaho 1997).
— Idaho Code § 49-1401(1)(2) — 1 case
State v. Draney (Idaho Ct. App. 2025).
— Idaho Code § 49-1401(2) — 1 case
State v. Parker, 118 P.3d 107 (Idaho 2005). “Idaho Code § 49-1401 does not prescribe any specific sentence for inattentive driving, but provides that it is a lesser offense than "reckless driving.”
— Idaho Code § 49-1401(3) — 11 cases
State v. Smith, 822 P.2d 539 (Idaho Ct. App. 1991). “[3] Idaho Code § 49-1401 (1) provides that, 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…”
Deen v. State, 958 P.2d 592 (Idaho 1998). “I.C. § 49-1401(3). The fact that the officer did not testify in the hearing before the magistrate judge that Deen violated I.”
State v. Devan, 482 P.3d 577 (Idaho Ct. App. 2020).
State v. McNair, 108 P.3d 410 (Idaho Ct. App. 2005).
State v. Anderson, 6 P.3d 408 (Idaho Ct. App. 2000).
— Idaho Code § 49-1401(l) — 1 case
State v. Corbus, 256 P.3d 776 (Idaho Ct. App. 2011). “§ 49-1404, and misdemeanor reckless driving, I.C. § 49-1401. At his arraignment, Corbus entered a guilty plea to reckless driving, but was not immediately sentenced.”
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