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- Alaska Statutes.
- Title 28. Motor Vehicles
- Chapter 35. Offenses and Accidents
- Section 182. Failure to Stop at Direction of Peace Officer.
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Section 180. Disobedience to Signals of Officer Regulating Traffic Prohibited.
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Section 185. Overtaking and Passing Certain Stationary Vehicles.
AS 28.35.182. Failure to Stop at Direction of Peace Officer.
- (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.
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