(b) Operating a motor vehicle while privilege is suspended is punishable by a period of incarceration
of not less than 3 days nor more than 30 days; a fine of not less than $150 nor more than $300,
or both such fine and imprisonment for the first offense;
(1) a second or subsequent offense within 3 years is punishable by a period of incarceration
of not less than 20 nor more than 45 days; a fine of not less than $250 nor more than
$400, or both such fine and imprisonment;
(2) A third or subsequent conviction within years is punishable by a period of incarceration
of not
less than 45 nor more than 90 days; a fine of not less than $350 nor more
than $500, or both such fine and imprisonment.
15-13.15 Attempting to Elude a Law Enforcement Officer.
(a) A driver is guilty of attempting to elude a law enforcement Officer in the second degree when
he/she willfully fails or refuses to immediately bring his or her vehicle to a stop once the driver
knows that a law enforcement officer has given him/her a visible or audible signal to bring
his/her vehicle to a stop.
(b) A driver is guilty of attempting to elude in the first degree when he/she willfully fails or refused
to immediately bring his/her vehicle to a stop once the driver knows that a law enforcement
officer has given him/her a visible or audible signal to bring his/her vehicle to a stop, and who
drives his/her vehicle in a manner indicating a wanton or willful disregard for the lives and
property of others while attempting to elude a pursuing police vehicle.
(c) “Immediately,” as used in this section, means stopping as soon as it is reasonably possible.
(d) Eluding a law enforcement officer in the second degree shall be punishable by a minimum of 10
and a maximum of 90 days in jail; a minimum fine of $250 and a maximum fine of $400, or both
such fine and imprisonment.
(e) Eluding a law enforcement officer in the first degree shall be punishable by a minimum of 30
and a maximum of 180 days in jail; a minimum fine of $350 and a maximum fine of $500, or
both such fine and imprisonment.
15-13.17 Prohibited Use of Alcoholic Beverages in Vehicle.
(a) A person is guilty of prohibited use of alcoholic beverages in a vehicle if:
(1) the person is the driver or a passenger in a vehicle that has not been moved safely off
the roadway; and
(2) the person:
A. drinks any alcoholic beverage while in the vehicle; or
B. has an open or unsealed receptacle containing an alcoholic beverage in their
immediate possession or control in the vehicle; or
C. is the driver of a motor vehicle in which an open or unsealed receptacle
containing an alcoholic beverage is present, unless the receptacle is kept in the
trunk or other area of the vehicle that is not accessible to the occupants while
the vehicle is moving.
(b) “Moved safely off the roadway,” for purposes of this provision, means the driver or another
person has moved the vehicle from the traveled portion of the roadway, the vehicle is no longer
running, and the evidence shows that no person intends to drive back onto the roadway.
(c) Prohibited use of alcoholic beverages in a vehicle is punishable by incarceration for a period of
not less than 3 days and not more than 30 days in jail; a fine of not less than $100 nor more
than $200, or both such fine and imprisonment.
15-13.19 Vehicular Homicide.
(a) When the death of any person ensues within 3 years as a proximate result of injury proximately
caused by the driving of any vehicle by any person, the driver is guilty of vehicular homicide if
the driver was operating a motor vehicle:
(1) While under the influence of intoxicating liquor, drug or other substance, as defined by
Section 15-3.01; or
(2) In a reckless manner; or
(3) With disregard for the safety of others.
152
Revised Spokane Law & Order Code, 5/14/2013