1. a. The driver of a motor vehicle commits a serious misdemeanor if the driver willfully failsto bring the motor vehicle to a stop or otherwise eludes or attempts to elude a marked or unmarked official law enforcement vehicle driven by a peace officer after being given a visual and audible signal to stop. The signal given by the peace officer shall be by flashing red light, or by flashing red and blue lights, and siren. For purposes of this section, “peace officer” means those officers designated under section 801.4, subsection 11, paragraphs “a”, “b”, “c”, “f”, “g”, and “h”. b. The driver of a motor vehicle who commits a violation under this subsection and who has previously committed any violation under this section is,upon conviction, guilty of an aggravated misdemeanor. 2. a. The driver of a motor vehicle commits a class “D” felony ifthe driver willfully fails to bring the motor vehicle to a stop or otherwise eludes or attempts to elude a marked or unmarked official law enforcement vehicle that isdriven by a peace officer after being given avisual and audible signal as provided in this section and in doing so exceeds the speed limit by twenty-five miles per hour or more. b. The driver of a motor vehicle who commits a violation under this subsection and who has previously committed any violation under this section is,upon conviction, guilty of a class “C” felony. 42, §3 – 5
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