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Alaska Statutes Title 28. Motor Vehicles § 28.35.182. Failure to stop at direction of peace officer

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(a)?A person commits the offense of failure to stop at the direction of a peace officer in the first degree if the person violates (b) of this section, and, during the commission of that offense,

(1)?the person violates AS 28.35.400;

(2)?the person is committing vehicle theft in the first or second degree; ?or

(3)?as a result of the person's operation or driving, an accident occurs or a person suffers serious physical injury; ?in this paragraph, ?serious physical injury? has the meaning given in AS 11.81.900.

(b)?A person commits the offense of failure to stop at the direction of a peace officer in the second degree if the person, while driving or operating a vehicle or motor vehicle or while operating an aircraft or watercraft, knowingly fails to stop as soon as practical and in a reasonably safe manner under the circumstances when requested or signaled to do so by a peace officer.

(c)?In a prosecution under this section, it is an affirmative defense, if the peace officer, when requesting or signaling the defendant to stop,

(1)?was operating a vehicle, motor vehicle, aircraft, or watercraft, and the vehicle, motor vehicle, aircraft, or watercraft

(A)?did not meet lighting and audible signaling requirements of law for law enforcement vehicles; ?and

(B)?was not marked appropriately so that a reasonable person would recognize it as a law enforcement vehicle; ?or

(2)?was not operating a vehicle, motor vehicle, aircraft, or watercraft, and the peace officer was not wearing the uniform of office or displaying a badge or other symbol of authority so as to be reasonably identifiable as a peace officer.

(d)?In this section,

(1)??knowingly? has the meaning given in AS 11.81.900;

(2)??signal? means a hand motion, audible mechanical or electronic noise device, visual light device, or combination of them, used in a manner that a reasonable person would understand to mean that the peace officer intends that the person stop.

(e)?Failure to stop at the direction of a peace officer in the first degree is a class C felony punishable as provided in AS 12.55. ?Failure to stop at the direction of a peace officer in the second degree is a class A misdemeanor.

Cite this article: FindLaw.com - Alaska Statutes Title 28. Motor Vehicles § 28.35.182. Failure to stop at direction of peace officer - last updated April 21, 2021 | https://codes.findlaw.com/ak/title-28-motor-vehicles/ak-st-sect-28-35-182/


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