dissenting:
I dissent to Part I, in which the majority holds, “The State failed to prove that a proper visual or audible signal to stop was given and therefore the decision of the district court reversing the conviction for eluding an officer is affirmed.” Ante at 1228. The majority’s conclusion that the State was required to show, as an element of the offense of eluding a police officer, that Deputy Dagastine gave “a proper visual or audible signal to stop,” as defined by I.C. § 49-606 (now 49-623), is erroneous. I.C. § 49-1102 (now 49-1404), under which Bedard was charged and convicted of eluding a police officer, does not require such a showing.
The majority relies upon State v. Monaghan, 116 Idaho 972, 783 P.2d 311 (Ct.App.1989), in support of its conclusion that the State was required to show that the lights and sirens on Deputy Dagastine’s car met the requirements of I.C. § 49-606 (49-623). In Monaghan, the Court of Appeals held, regarding a different charge — failure to yield to an emergency vehicle — that the State must prove that the emergency vehicle’s signalling equipment complied with the requirements set forth in I.C. § 49-606 (49-623). However, the statute defining the crime which was involved in Monaghan — failure to yield to an emergency vehicle in violation of I.C. § 49-645 (now 49-*873625)1 — specifically required all drivers to yield to an emergency vehicle whose audible or visible signals meet the requirements of § 49-606 (49-623). In this case, Bedard was charged with a different crime, eluding a police officer, in violation of I.C. § 49-1102 (49-1404),2 which makes no such reference to the section 49-606 (49-623) requirements. Nothing in the language of I.C. § 49-1102 (49-1404) indicates that the signals used must comply with the requirements of section 49-606 (49-623). Therefore, the standard in these two statutes, I.C. § 49-645 (49-625) and I.C. § 49-1102 (49-1404), is different, and the majority errs in relying on Monaghan, having no basis for transposing the standard from one statute onto another. Had the legislature intended the requirements of I.C. § 49-606 (49-623) to apply to I.C. § 49-1102 (49-1404), it would have inserted language similar to that found in I.C. § 49-645 (49-625).
Furthermore, the language of each statute indicates that each was enacted to serve an entirely different purpose. I.C. § 49-645 (49-625) requires “the driver of every other vehicle” to yield to and let pass any emergency or police vehicle “making use of an audible or visible signal, meeting the requirements of section 49-623.” Clearly, the visible or audible signals emitted by emergency vehicles must meet the standards of section 49-606 (49-623) so they will be loud enough and/or bright enough to warn all moving vehicles and pedestrians in the area that the emergency vehicle is approaching so they can move aside.
On the other hand, I.C. § 49-1102 (49-1404) does not, and need not, contain such a requirement because the officer is “pursuing” a particular driver who, as the title itself makes clear, is “wilfully eluding or attempting to flee” the police vehicle. While using signals which comply with the section 49-606 (49-623) requirements might be the most effective way to gain the driver’s attention, and indeed, most officers certainly use such methods when pursuing a fleeing motorist,3 it is completely unnecessary to engraft such a requirement onto the statute, especially since the legislature did not include the requirement in the first place. To “wilfully elude” a police officer, the State must prove beyond a reasonable doubt that the driver had actual knowledge that the officer is pursuing him and signal-ling him to stop, by whatever means (two of which “may be emergency lights or siren”). In this case, the State clearly proved that Bedard had actual knowledge that he was being pursued and signalled to stop. Whether those signals complied with the requirements of section 49-1102 (49-1404) is irrelevant because the signals, whatever type were used, were effective but ignored by Bedard.
The majority states, “Only by construing the term ‘visual or audible signal’ with the § 49-606 [now 49-623] requirements for emergency lights and sirens can we conclude with a comfortable degree of certainty that a conviction for either of these *874offenses is just.” Ante at 1228. However, in terms of justice, the evidence is uncontroverted that Bedard was clearly aware that Deputy Dagastine was pursuing him and clearly signalling him to stop. As the majority pointed out, “[0]n at least two occasions Bedard looked back at the officer” and on two more occasions, “Bedard stopped his bike long enough for the officer to approach him, only to ride off as the officer drew near.” Ante at 1227, 1228. Based upon this evidence, the jury found Bedard guilty of fleeing or attempting to elude a police officer. In light of these egregious facts, it is difficult to comprehend how the majority cannot “conclude with a comfortable degree of certainty” that Bedard’s conviction is “just.” To en-graft a requirement not found in the statute, especially given the obvious facts of this case, is hardly “just.” Bedard’s conviction is clearly supported by the weight of the evidence and should be affirmed.
BOYLE, J., concurs.. 49-625. Operation of vehicles on approach of authorized emergency or police vehicles.— (1) Upon the immediate approach of an authorized emergency or police vehicle making use of an audible or visible signal, meeting the requirements of section 49-623, Idaho Code, the driver of every other vehicle shall yield the right-of-way and immediately drive to a position parallel to, and as close as possible to, the nearest edge or curb of the highway lawful for parking and clear of any intersection, and stop and remain in that position until the authorized emergency or police vehicle has passed, except when otherwise directed by a peace officer____
. 49-1404. Fleeing or attempting to elude a peace officer — Penalty.—(1) Any driver of a motor vehicle who wilfully flees or attempts to elude a pursuing police vehicle when given a visual or audible signal to bring the vehicle to a stop, shall be guilty of a misdemeanor. The signal given by a peace officer may be emergency lights or siren____
.In most cases, signals complying with section 49-606 (49-623) will be used because, if an officer is pursing a fleeing driver, most likely the officer will use audible or visual signals not only to signal the driver being pursued, but also to warn all other drivers and pedestrians to move aside. According to I.C. § 49-645 (49-625), signals to warn other drivers must comply with the section 49-606 (49-623) requirements, and therefore, those same signals, used to pursue the driver violating section 49-1102 (49-1404), will also comply with the 49-606 (49-623) requirements.